Increased Throughput Bonus Sample Clauses
Increased Throughput Bonus. If during a 24 hour period during the Completed Reliability Test or a different 24 hour period occurring prior to Final Completion, Contractor operates the Project under the Reliability Test conditions and during such 24 hour period demonstrates that the Project can produce, on a rolling average basis, activated carbon product that satisfies the Activated Carbon Production Requirement and the Activated Carbon Specification Requirement at a rate greater than or equal to an aggregate average of * tons per day per MHF across all four (4) MHFs, while continuing to achieve the Reliability Requirement, then Contractor will earn a bonus equal to $* and an additional $* for each additional whole ton per day produced above the aggregate average of * tons per day per MHF across all four (4) MHFs, up to an average of * tons per day (the “Increased Throughput Bonus”); provided, however, that during such twenty-four (24) hour period, no MHF may produce less than * tons per day (and if any MHF falls below this minimum amount, no Increased Throughput Bonus can be earned as a result of such Reliability Test); and provided further, that no production above * tons per day per MHF shall be included in the production calculation; and provided further, that for purposes of earning the Increased Throughput Bonus the full Project performance (including the Multi Hearth Furnaces) shall be included in determining entitlement and Contractor shall not be entitled to relief, credit or adjustment based on performance failures or other performance problems due in whole or in any part of the Project provided under any Owner Contract or which is otherwise part of Owner Suppliers’ Scope, it being the intent of the Parties that such bonus shall only be earned if the complete Project demonstrates such increased throughput. Contractor shall give Owner at least four (4) hours’ prior Notice of the 24 hour period during which the Project will be operated under Reliability Test conditions for purposes of this Section.
