Seller’s Obligation Regarding Nameplate Capacity Clause Samples
The Seller’s Obligation Regarding Nameplate Capacity clause requires the seller to ensure that the equipment or facility being provided meets or maintains a specified minimum output or capacity, as indicated on its nameplate. In practice, this means the seller must deliver goods or services that consistently achieve the stated performance levels, such as a generator producing its rated megawatt output. This clause is essential for guaranteeing that the buyer receives the expected level of performance and reliability, thereby reducing the risk of underperformance or shortfall in supply.
Seller’s Obligation Regarding Nameplate Capacity. Notwithstanding anything to the contrary, Seller shall use Commercially Reasonable Efforts to achieve Commercial Operation of the Facility at a Nameplate Capacity for the Generating Facility equal to the Expected Capacity and Storage Capacity for the Storage Facility equal to the Storage Expected Capacity.