(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 LGU liquidated damages in the amount of PHP[•] representing the necessary, reasonable and expected cost of the LGU in ensuring adequate and proper disposal of MSW, for each Day of delay from the Day immediately following the Required Provisional Operations Start Date to and including the Day on which the Provisional Operations Start Date occurs ("Delay Liquidated Damages").

(b) The LGU shall claim payment of Delay Liquidated Damages accruing under Section 5.8(a) 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 LGU 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 LGU. The LGU shall also have the right to deduct any unpaid amount from any amount otherwise due the Company under this Agreement.