Common use of Reports and Resolution of Disputes with Independent Evaluator’s Reports Clause in Contracts

Reports and Resolution of Disputes with Independent Evaluator’s Reports. The Independent Evaluator's reports shall be public and shall be filed with the PSCW for appropriate action. Each of the Milestones and their respective Milestone Dates shall be as follows (unless adjusted pursuant to Section 3.2(d) or Section 3.7 of the Facility Lease or by mutual agreement of the Parties): Decommissioning Completion Date March 28, 2006 Date on which all combustion turbines and steam turbines are delivered to the Port Washington Site March 15, 2007 Date on which all generators are synchronized to the Transmission Provider's electric transmission system March 2, 2008 Scheduled Commercial Operation Date May 2, 2008 For each calendar day after the Scheduled Commercial Operation Date that Lessor fails to achieve Commercial Operation, Lessor shall pay to Lessee pursuant to Section 3.3 of the Facility Lease the following amounts of Scheduled Commercial Operation Date Damages (not to exceed in the aggregate the Delay Damages Cap): January 1 -- December 31 $100,000 per calendar day Delay Damages Cap $15,000,000

Reports and Resolution of Disputes with Independent Evaluator’s Reports. The Independent Evaluator's reports shall be public and shall be filed with the PSCW for appropriate action. Each of the Milestones and their respective Milestone Dates shall be as follows (unless adjusted pursuant to Section 3.2(d) or Section 3.7 of the Facility Lease or by mutual agreement of the Parties): Decommissioning Completion Date March 28, 2006 2003 Date on which all combustion turbines and steam turbines are delivered to the Port Washington Site March 15, 2007 2004 Date on which all generators are synchronized to the Transmission Provider's electric transmission system March 2, 2008 2005 Scheduled Commercial Operation Date May 2, 2008 2005 For each calendar day after the Scheduled Commercial Operation Date that Lessor fails to achieve Commercial Operation, Lessor shall pay to Lessee pursuant to Section 3.3 of the Facility Lease the following amounts of Scheduled Commercial Operation Date Damages (not to exceed in the aggregate the Delay Damages Cap): January 1 -- December 31 $100,000 per calendar day Delay Damages Cap $15,000,000