Performance Guarantees. Contractor agrees to provide the County the performance guarantees specified in Attachment A and to pay any penalties incurred in accordance with the terms of Attachment A.
Performance Guarantees. Any performance guarantees applicable to the Aircraft will be expressly included in this Agreement. Where performance guarantees are included in this Agreement other than within the Detail Specification, such guarantees will be treated as being incorporated in the Detail Specification by this reference.
Performance Guarantees. Performance guarantees have the appropriate annual penalties listed by each guarantee as stated in Exhibit with a maximum amount of $ annually. The penalties, if any, are to be paid annually upon an annual review meeting within thirty (30) days after the end of the plan year.
Performance Guarantees a. Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this agreement, recognizing with Authority that all matters of controversy within the scope of this agreement shall be settled by the grievance procedure referred to by Section 14 of this agreement.
Performance Guarantees. Within 60 days after Customer's acceptance of any Options, Boeing will provide to Customer revisions to the Performance Guarantees to reflect the effects, if any, of the incorporation of such Options on Aircraft performance. Such revisions will be incorporated by written amendment.
Performance Guarantees. Vendor guarantees that the Plant shall achieve each of the following performance levels, as determined in accordance with Exhibit C – Performance Tests and Procedures (the “Performance Guarantees”):
Performance Guarantees. TSP hereby guarantees that the TCS shall comply with each of the Performance Requirements set forth in TR Section PR, as demonstrated by the System Acceptance Test required to achieve System Acceptance to be conducted by TSP following the commencement of full Revenue Service on the Bridges, as specified in TR Section TP.
Performance Guarantees. A. General This section describes the service levels offered by Showpad to Customer.
Performance Guarantees. Contractor guarantees that (i) the Facility will be capable of achieving all the applicable performance specifications referred to in this Section 8.1 during a Completed Performance Test at the earlier to occur of Provisional Acceptance or Interim Acceptance of the Facility, and (ii) the Facility will be capable of achieving all the applicable performance specifications referred to in this Section 8.1 during a Completed Performance Test at Final Acceptance of the Facility (the "Performance Guarantees"). For the avoidance of doubt and without in any way affecting the Contractor's other Performance Guarantees hereunder (including, without limitation, the achievement of the Gas-based Electrical Output Guarantee and the Gas-based Heat Rate Guarantee set forth in the Warranty Data Sheet attached as Appendix R hereto), the parties hereby acknowledge and agree that the Contractor does not guarantee that the Fuel Oil-based Electrical Output Guarantee and the Fuel Oil-based Heat Rate Guarantee set forth in the Warranty Data Sheet attached as Appendix R hereto will be achieved at the earlier to occur of Provisional Acceptance or Interim Acceptance of the Facility, but the Contractor does guarantee that such Fuel Oil-based Performance Guarantees will be achieved at Final Acceptance of the Facility. The respective guaranteed values referenced below are based upon the design operating conditions and other conditions set forth in Appendix D and R hereto. Contractor agrees to make all reasonable repair and replacement alternatives in order that the Facility will attain the Performance Guarantees. Contractor agrees that, if (i) the Facility fails to achieve the Gas-based Heat Rate Guarantee during the period, if any, commencing with the earlier to occur of Provisional Acceptance and Interim Acceptance of the Facility and continuing until Final Acceptance of the Facility, (ii) the Facility fails to achieve the Gas-based Electrical Output Guarantee during the period, if any, commencing with the earlier to occur of Provisional Acceptance and Interim Acceptance and continuing until Final Acceptance of the Facility, or (iii) the Facility fails to achieve any of the applicable Gas-based and Fuel Oil-based Performance Guarantees at Final Acceptance of the Facility, as the case may be, Contractor shall pay Owner as rebates and not as penalties the amounts calculated in accordance with the 92 terms set forth in Sections 8.1.1 and 8.1.2 hereof (the "Performance Guarantee Payments")...
Performance Guarantees. 1. Contractor shall offer competitive and aggregate Performance Service Guarantees values in which its organization takes full financial risk for unsatisfied guarantees.
