- 7 - pipeline.7 Company will own or lease the geyser steamfield, the facilities for injecting the wastewater into the ground, the facilities for generating electricity, and the electric supply facilities for the pumping stations. According to the agreement, a failure by either party to receive or deliver the obligated amounts of wastewater will require mediation. If mediation fails, the nondefaulting party can either declare the defaulting party in breach of the contract or seek specific performance.8 If Company should breach the contract within the first 20 years of its term, petitioner can terminate the contract and collect liquidated damages of $3 million for each year remaining on the contract up to a maximum of 10 years. During the last 10 years of its term, Company can terminate the contract at any time provided it gives notice to petitioner and pays $3 million for each year remaining in the contract’s term. Petitioner does not expect that the contract with Company will be breached by either party or that Company will pay petitioner any liquidated damages. 7The agreement states: “[Company] shall provide the electricity, at no cost to * * * [petitioner], to operate pumping stations two, three and four, or any substitute stations.” The three pumping stations will pump the wastewater uphill to the point of delivery. 8A nondefaulting party can request a temporary restraining order and a preliminary injunction to prevent a default under the agreement or to compel performance.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011