Common use of Guaranteed Performance Levels Clause in Contracts

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. Lessor agrees to use commercially reasonable efforts to achieve the Guaranteed Performance Levels as set forth in Schedule 4.5 by the Required Scheduled Commercial Operation Date. Lessor shall test the Leased Facility ▇▇▇▇ ▇ for the Guaranteed Performance Levels in connection with the Commercial Operation TestTest in accordance with the applicable testing procedures set forth in Schedule 4.2. If the Leased Facility Unit 2 should fail to satisfy one or more of the Guaranteed Performance Levels by the Required Scheduled 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 its obligations under this Facility Lease or any other Lease Document to which it is a party), then Lessor shall have 180 one hundred eighty (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 one hundred eighty (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 of Unit 2 in accordance with the applicable testing procedures set forth in Schedule 3.54.2, then Lessor shall pay to Lessee, as liquidated damages and not as a penalty, the respective Guaranteed Performance Level Damages, 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 respective Guaranteed Performance Level shall not exceed the respective Guaranteed Performance Level Damages CapCap 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 Commercial Operation Lease Effective Date (including if the Commercial Operation Lease Effective 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 Required Scheduled Commercial Operation Date. Lessor shall test the Leased Facility ▇▇▇▇ ▇ for the Guaranteed Performance Levels in connection with the Commercial Operation TestTest in accordance with the applicable testing procedures set forth in Schedule 4.2. If the Leased Facility Unit 1 should fail to satisfy one or more of the Guaranteed Performance Levels by the Required Scheduled 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 its obligations under this Facility Lease or any other Lease Document to which it is a party), then Lessor shall have 180 one hundred eighty (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 one hundred eighty (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 of Unit 1 in accordance with the applicable testing procedures set forth in Schedule 3.54.2, then Lessor shall pay to Lessee, as liquidated damages and not as a penalty, the respective Guaranteed Performance Level Damages, 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 respective Guaranteed Performance Level shall not exceed the respective Guaranteed Performance Level Damages CapCap 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 Commercial Operation Lease Effective Date (including if the Commercial Operation Lease Effective Date does not occur).