Common use of Facility Performance Clause in Contracts

Facility Performance. If any significant deficiency in performance of the Facility occurs, including, but not limited to, a failure to meet any warranty under the Project Agreements, or if such a deficiency is projected, then Operator shall notify Owner of such deficiency or projected deficiency and shall state Operator's opinion as to the cause of such deficiency or projected deficiency and prepare a report in detail, as required, together with a plan to remedy the problem. Upon Owner's request, Operator shall make available such of its Personnel as reasonably necessary to review and assess the cause of such deficiency with Owner and Contractor and/or any of their agents.

Appears in 3 contracts

Sources: Operation and Maintenance Agreement (LSP Batesville Funding Corp), Operation and Maintenance Agreement (Ls Power Funding Corp), Operation and Maintenance Agreement (Ls Power Funding Corp)