IMHO any talk of COE seeking damages is pointless.
COE just signed a (revised) contract with APA that would have, amongst other things, settled all the outstanding claims, including LDs.
Assume the terms of any new/revised contract are based on KPIs and milestones that I am certain APA will have thought very carefully about before signing.
We just have to sit tight and monitor the plant output and see how it stacks up against forecast, and COEs contracted GSAs.
Revenue doesn't seem to be an issue as it appears to be guaranteed by APA under the terms of the (revised) contract - its the market perception and the plants ability to reach and then sustain the nameplate output.
If it doesn't settle down in the next week or two I suspect that the foaming issue is not under control and that an outage will be forthcoming.
If they cant fix it... then, it gets exciting.
Again, I'm no expert, just an honest opinion.
COE 2021, page-38
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