Liquefaction Train Clause Samples
Liquefaction Train. System Power Demand Performance Guarantee, or (iii)(A) the Liquefaction Train Performance Guarantees for a Liquefaction Train by the Guaranteed Liquefaction Train Substantial Completion Date for such Liquefaction Train or (B) the Liquefaction Train System Performance Guarantees by the Guaranteed Liquefaction Train System Substantial Completion Date, and the Parties are estopped from contesting the validity or enforceability of such liquidated damages. Except as provided in Clause 28.1 and Clause 28.3, the payment of Performance Delay Liquidated Damages shall be Buyer’s sole and exclusive remedy and Seller’s sole and exclusive liability for Seller’s failure to achieve (w) the Liquefaction Train Performance Guarantees for a Liquefaction Train by the Guaranteed Liquefaction Train Substantial Completion Date for such Liquefaction Train or (x) the Liquefaction Train System Performance Guarantees by the Guaranteed Liquefaction Train System Substantial Completion Date. Except as provided in Clause 28.1 and Clause 28.3, the payment of Performance Liquidated Damages shall be Buyer’s sole and exclusive remedy and Seller’s sole and exclusive liability for Seller’s failure to achieve (y) the Liquefaction Train Power Demand Performance Guarantee or (z)
Liquefaction Train. System Power Demand Performance Guarantee; provided that such damages shall not exceed, in the case of Clauses (1) and (2), the Performance Delay Liquidated Damages Cap or Aggregate Performance Delay Liquidated Damages Cap, as applicable, and, in the case of Clauses (3) and (4), the Performance Liquidated Damages Cap.
Liquefaction Train. Power Demand Performance Guarantee or (D)
Liquefaction Train. System Scope of Supply”) includes all of the necessary obligations that are required to be performed by the applicable Seller in order for each of the Liquefaction Train Systems to operate in accordance with the requirements of the LTS Purchase Order and satisfy the design codes, standards and the performance guarantees set forth in the LTS Purchase Order. Notwithstanding Section 2.3(a)(ii), BH and VGLNG acknowledge and agree that the Liquefaction Train System Scope of Supply describes the items for the Liquefaction Train System being provided in general, but not in complete detail. BH and VGLNG agree that any specific items not set forth in the Liquefaction Train System Scope of Supply, or any details or clarifications thereto, that are required in order to satisfy the requirements of the LTS Purchase Order or to satisfy the design codes, standards and the performance guarantees set forth therein, in each case, will not be considered changes to the Liquefaction Train System Scope of Supply, unless they are explicitly excluded from the Liquefaction Train System Scope of Supply, are changes to the basis of design directed by ▇▇▇▇▇▇▇▇▇ or changes pursuant to the change order process of the LTS Purchase Order and [***]. The Parties acknowledge and agree that the Liquefaction Train System Scope of Supply contains certain single-line diagrams, pipe and instrumentation diagrams and other diagrams and drawings that will change as a Seller completes its engineering of the Liquefaction Train System and that any change to such diagrams and drawings, which are not the result of changes to the basis of design directed by Purchaser or changes made pursuant to the change order process of the LTS Purchase Order, will not be changes that will entitle either the applicable Purchaser or the applicable Seller to an increase in the LTS Purchase Price or an extension of the delivery schedule for the Liquefaction Train System under the LTS Purchase Order.