Common use of PERFORMANCE VERIFICATION Clause in Contracts

PERFORMANCE VERIFICATION. For all systems JCI will make commercially reasonable efforts to complete the Performance Verification Process within the first sixty (60) days after JCI begins receiving data. JCI will work with Customer to remedy any performance or installation deficiencies that might be detected during the Performance Verification Process. In the event of a performance or installation deficiency, JCI may, in its sole discretion, increase the time period to complete the Performance Verification. If JCI is not able to complete the Performance Verification Process and confirm that the system performs as expected within sixty (60) days after JCI begins receiving data and after JCI has worked in good faith with Customer to remedy any deficiencies that might impact System performance, JCI may, in its sole discretion, either (a) with Customer approval lower the Forecasted Year 1 Annual Energy or the Guarantee Level, or (b) terminate this Agreement and refund any payments made by Customer toward the Cost (to the extent already paid by Customer) identified on Page 1 of this Agreement and any costs paid by Customer, less (i) any payments made by JCI for field services and (ii) any system onboarding and preventative maintenance costs incurred by JCI. If the System experiences performance issues during the Performance Verification Process that are resolved before the process is complete, JCI may, in its sole discretion, exclude the energy losses from such shortfalls from Guarantee Year 1 Annual Energy (without any impact on Guaranteed Annual Energy for subsequent Guarantee Years).