Cooling Tower Performance Guarantee Clause Samples

Cooling Tower Performance Guarantee. (A) Contractor shall pay Eight Hundred Dollars ($800) per kW by which the Unit Power Output, as adjusted to Base Conditions for the Unit Power Output Test, is less than the Unit Power Output Guarantee for such Unit due solely to the failure of the cooling tower to achieve its guaranteed performance (any such amount, the "Cooling Tower Performance Shortfall"). (B) Contractor shall pay Sixty-Seven Thousand and Two Hundred Dollars ($67,200) per BTU per kWh by which the Unit Heat Rate exceeds the Unit Heat Rate Guarantee for such Unit due solely to the failure of the cooling tower to achieve its guaranteed performance. (C) Contractor shall pay Four Hundred Dollars ($400) per kW by which (a) the amount by which the Unit Power Output, as adjusted to Base Conditions for the Maximum Unit Power Output Test, is less than the Maximum Unit Power Output Guarantee for such Unit due solely to the failure of the cooling tower to achieve its guaranteed performance exceeds (b) the Cooling Tower Performance Shortfall. Payment of liquidated damages on account of Performance Tests shall be Owner's sole and exclusive remedy for Contractor's failure to achieve and demonstrate the Performance Guarantees.