5.8.2 Delay Liquidated Damages

(a) Except as provided in this Section 5.8.2 and 5.9.2 (Extension of Project Milestone Schedule), or when the Delay is caused without justifiable reason by the intervention of the Agency or Government Authority, the Company shall pay the Agency Delay Liquidated Damages for the following Delays and in the following amounts:

(i) If the Effective Date does not occur on or before the Required Effective Date, the Company shall pay the Agency Delay Liquidated Damages in the total amount of the Performance Security as provided in Section 16.2(a) (Limitation of Liability for Liquidated Damages).

(ii) Subject to the limit provided in Section 16.2(b) (Limitation of Liability for Liquidated Damages), if the Continuous Construction Date does not occur on or before the Required Continuous Construction Date, the Company shall pay the Agency Delay Liquidated Damages in the amount of [] for each Day of delay from the Day immediately following the Required Continuous Construction Date to and including the Day on which the Continuous Construction Date occurs.

(iii) Subject to the limit provided in Section 16.2(b) (Limitation of Liability for Liquidated Damages), if the Provisional Operations Start Date does not occur on or before the Required Provisional Operations Start Date, the Company shall pay the Agency Delay 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 Day on which the Provisional Operations Start Date occurs.

(iv) Subject to the limit provided in Section 16.2(b) (Limitation of Liability for Liquidated Damages), if the Operations Start Date does not occur on or before the Required Operations Start Date, the Company shall pay the Agency Delay Liquidated Damages in the amount of [] for each Day of delay from the Day immediately following the Required Operations Start Date to and including the Day on which the Operations Start Date occurs.

(v) If the Delay occurs in relation to the submission of detailed engineering designs and plans[ or the requirements of the Design Timetable or the Works Timetable], the Company shall pay the Agency Delay Liquidated Damages in the amount of [] for each Day of Delay.

(b) The Agency shall claim payment of Delay Liquidated Damages accruing under Section 5.8.2(a) (Delay Liquidated Damages) 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.