BOP Load definition
Examples of BOP Load in a sentence
The Parties agree that it is difficult or impossible to determine with precision the amount of damages that would be incurred by Company as a result of Contractor’s failure to timely achieve Substantial Completion or to achieve the BOP Load Guarantee.
The Contractor guarantees that the maximum BOP Load shall be 4459 kW with no duct burners on, all 3 CTGs at full load and all other parameters as described in Section 4 of this Appendix F.
On or before the expiration of BOP Load Guarantee LD Cure Period, Contractor shall have demonstrated to Company’s satisfaction in Company’s sole discretion that the BOP Load Guarantee has been met.
Except in connection with Contractor’s obligation to meet the Minimum Performance Guarantees and the remedies associated with Contractor’s failure to do so, the payment by Contractor to Company of Late Substantial Completion LDs and BOP Load Guarantee LDs shall be Company’s exclusive remedies for and Contractor’s sole obligations arising out of such delay and/or deficiencies.
If Company determines in its sole discretion that either or both of the items in the preceding sentence have not been met, Contractor shall have a sixty (60) day cure period (the “BOP Load Guarantee LD Cure Period”) after the Substantial Completion Date to either repair or replace the underperforming Equipment or otherwise remedy the failure to meet the BOP Load Guarantee, or pay to Company the BOP Load Guarantee LDs, all in accordance with Section 23.3(c).
In the event of Contractor’s failure to so demonstrate, Contractor shall pay to Company Liquidated Damages in the amount of $1,800 per kW; provided, however, that the amount of BOP Load Guarantee LDs shall not exceed, in the aggregate, an amount equal to ten percent (10%) of the Contract Price.
The Contractor guarantees the BOP Load shall be 3716 kW or less with no duct burners on, all CTGs at full load and all other parameters as described in Section 4 of this Appendix F.
Contractor has either met the BOP Load Guarantee or paid Company the BOP Load Guarantee LDs on or before the expiration of the BOP Load Guarantee LD Cure Period.