(a) The Company undertakes to complete the Facilities and start the Services on or before the Required Provisional Operations Start Date. If the Provisional Operations Start Date does not occur on or before the Required Provisional Operations Start Date, the Company shall pay the Agency liquidated damages in the amount of [•] for each Day of delay from the Day immediately following the Required Provisional Operations Start Date to and including the Dayon which the Provisional Operations Start Date occurs ("Delay Liquidated Damages").

(b) The Agency shall claim payment of Delay Liquidated Damages accruing under Section 5.8(a) (Liquidated Damages for Delay in Meeting Project Milestones) above through invoices. The Company shall pay any amount due not later than thirty (30) Days after its receipt of each invoice, which may be issued no more frequently than every fifteen (15) Days. If the Company fails to pay on the due date, then the Agency shall be entitled to draw from the Performance Security the amount of Delay Liquidated Damages due. Notwithstanding Section 15.1 (Company Events of Default), if the Company's liability for Delay Liquidated Damages exceeds the amount available to be drawn under the Performance Security, the Company shall pay the excess upon written demand by the Agency. The Agency shall also have the right to deduct any unpaid amount from any amount otherwise due the Company under this Agreement.