Common use of Guaranteed Performance Levels Clause in Contracts

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).