Guaranteed Performance Levels Sample Clauses
The Guaranteed Performance Levels clause sets specific minimum standards or benchmarks that a party must meet in delivering goods or services under a contract. Typically, this clause outlines measurable criteria such as uptime percentages for software, response times for customer support, or production output rates for manufacturing. By clearly defining these expectations, the clause ensures accountability and provides a basis for recourse if performance falls short, thereby protecting the interests of the party receiving the goods or services.
Guaranteed Performance Levels. The Guaranteed Performance Levels are as follows:
Guaranteed Performance Levels. Lessor agrees to use commercially reasonable efforts to achieve the Guaranteed Performance Levels by the Required Commercial Operation Date. Lessor shall test the Leased Facility for the Guaranteed Performance Levels in connection the Commercial Operation Test. If the Leased Facility should fail to satisfy one or more of the Guaranteed Performance Levels by the Required Commercial Operation Date (other than as a result of the acts or omissions of Lessee or the failure of Lessee to perform any of it obligations under this Facility Lease or any other Lease Document to which it is a party), then Lessor shall have 180 days to correct the problem. Within this period, Lessee shall ▇▇▇▇▇ ▇▇▇▇▇▇ and its Affiliates and designees reasonable access to cure deficiencies and test the Leased Facility in order to achieve the Guaranteed Performance Levels. If, at the expiration of such 180-day period, the Leased Facility still does not meet one or more of the Guaranteed Performance Levels (other than as a result of the acts or omissions of Lessee or the failure of Lessee to perform any of its obligations under this Facility Lease or any other Lease Document to which it is a party) based on a test using the procedures in Schedule 3.5, then Lessor shall pay to Lessee, as liquidated damages and not as a penalty, the respective Guaranteed Performance Level Damages, provided, however, that the maximum amount of Guaranteed Performance Level Damages payable by Lessor shall not exceed the respective Guaranteed Performance Level Damages Cap; provided, further, that notwithstanding any provision to the contrary contained herein, in no event shall Lessor be obligated to pay Guaranteed Performance Level Damages prior to the Commercial Operation Date (including if the Commercial Operation Date does not occur).
Guaranteed Performance Levels. If the Leased Facility should fail to satisfy one or more of the Guaranteed Performance Levels (other than as a result of the acts or omissions of Lessee or the failure of Lessee to perform any of it obligations under this Facility Lease or any other Lease Document to which it is a party), but nevertheless achieves the Commercial Operation Date, then within 60 Business Days after the Commercial Operation Date, Lessor shall pay to Lessee, as liquidated damages and not as a penalty, the respective amount of Guaranteed Performance Level Damages as set forth in Schedule 3.2; provided that the maximum amount of Guaranteed Performance Level Damages payable by Lessor shall not exceed the Performance Damages Cap as set forth in Schedule 3.2 and provided further, that notwithstanding any provision to the contrary contained herein, in no event shall Lessor be obligated to pay Guaranteed Performance Level Damages prior to the Commercial Operation Date (including if the Commercial Operation Date does not occur).
Guaranteed Performance Levels. Lessor agrees to use commercially reasonable efforts to achieve the Guaranteed Performance Levels as set forth in Schedule 4.5 by the Scheduled Commercial Operation Date. Lessor shall test the Unit 1 Facility for the Guaranteed Performance Levels in connection with the Commercial Operation Test in accordance with the applicable testing procedures set forth in Schedule 4.2. If the ▇▇▇▇ ▇ Facility should fail to satisfy one or more of the Guaranteed Performance Levels in accordance with Schedule 4.2 (other than as a result of the acts or omissions of Lessee or the failure of Lessee to perform any of its obligations under this Facility Lease or any other Lease Document to which it is a party) but nevertheless achieves the Lease Effective Date, then within sixty (60) Business Days after the Lease Effective Date, Lessor shall pay to Lessee, as liquidated damages and not as a penalty the respective Guaranteed Performance Level Damages as set forth in Schedule 4.5; provided, however, that the maximum amount of Guaranteed Performance Level Damages payable by Lessor under this Section 4.5 for failure to achieve the Guaranteed Performance Levels shall not exceed the Performance Damages Cap as set forth in Schedule 4.5; provided, further, that notwithstanding any provision to the contrary contained herein, in no event shall Lessor be obligated to pay Guaranteed Performance Level Damages prior to the Lease Effective Date (including if the Lease Effective Date does not occur).
Guaranteed Performance Levels. Contractor guarantees that each Stage will meet all of the Guaranteed Performance Levels for such Stage under the Performance Conditions during the applicable Performance Tests or Contractor shall take the actions provided for in Section 9.10.