Performance LDs definition

Performance LDs means a liquidated amount specified in or calculated in accordance with the Contract in respect of a Performance Variance which We must pay or allow You and/or which is to be deducted from the Price and/or by which the Price is to be adjusted.

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Performance LDs has the meaning set forth in Section 6.2.

Performance LDs means liquidated damage amounts set forth in Clause 3.0 of this Appendix 4 that are payable by Seller to Buyer for failure to meet certain Equipment Performance Guarantees.

Examples of Performance LDs in a sentence

• For Output delivered to Buyer pursuant to this Agreement, Buyer or its agent shall pay Seller by electronic transfer of funds by the later of the twentieth (20th) day of the month or the tenth (10th) Business Day after the invoice is received in accordance with Section 3.2, subject to Buyer’s right to set-off any Daily LD Amount or Performance LDs owed by Seller to Buyer as described in Sections 4.4(b)(iii) or 4.6(b)(iii), respectively.

• If the DBO Contractor fails to pay Performance LDs when due, the Owner shall have the right, without limiting any other remedies available to it hereunder or at law, to retain from incomes otherwise owing by the Owner to the DBO Contractor under this Agreement, an amount sufficient to fully satisfy any such unpaid Performance LDs.

• Subject to the adjustments described in Sections 2.4(a) and (b) and related to Performance LDs under the provisions of Section 4.6, during the period of delivery of any Test Energy and during the Delivery Term, for Output delivered or tendered to Buyer at the Point of Interconnection, Buyer shall pay Seller a price per MWh of Output equal to _______ Dollars ($_____ ) per MWh (“Price”).

• Prepayment of Term Loans with proceeds of Construction Contractor Performance LDs pursuant to Section 3.7 of the applicable Project Company Depositary Agreement and Section 3.8 of the Borrower Depositary Agreement shall be applied to all maturities of the Term Loans ratably.

• Notwithstanding anything to the contrary in this Agreement, payment of such Performance LDs, if any, by the Construction Manager shall constitute the Construction Manager’s sole and exclusive liability and the Owner’s sole and exclusive remedy for the failure of the Gas Treating Plant to achieve the Performance Guarantees; provided that this Section 6.2 shall not limit the Construction Manager’s warranty obligations pursuant to Section 7.1.

• Furthermore, the Parties hereby expressly agree that the following shall not be deemed to be special, incidental or consequential damages: Late Substantial Completion LDs pursuant to Section 7.5 and Performance LDs pursuant to Section 7.6.

• Damages In no event shall the sum of the Late Substantial Completion LDs and the Performance LDs (the “Aggregate Liquidated Damages”) exceed [ * * * ]* percent ([ * * * ]*%) of the Target Price in the aggregate.

• In no event shall the Performance LDs exceed [ * * * ]* percent ([ * * * ]*%) of the Target Price (the “Performance LD Cap”).

• The Parties agree that the amounts set out in Part B of Schedule 2 (Performance Requirements and Performance LDs) are a reasonable estimate of loss the Authority will suffer in the event of, and to the extent of, any Performance Requirement Shortfall, and payment of the applicable Performance LDs shall be the Authority’s sole remedy in respect of the relevant Performance Requirement Shortfall.

• The Contractor shall make payment of all Performance LDs before any Request for Acceptance Certificate is issued to the Authority.

More Definitions of Performance LDs

Performance LDs means liquidated damages payable by Contractor for failure to achieve any of the Performance Guarantees, as set forth in Article 14 (Liquidated Damages).

Performance LDs means the liquidated damages payable by Contractor for the failure to achieve any Performance Guarantee set forth in the Performance Guarantee Undertaking.

Performance LDs means the Production Liquidated Compensation as defined under clause 12.3(f) of the Plant EPC Contracts.

Performance LDs means liquidated damage amounts set forth in Section 5, Appendix 4 that are payable by Seller to Buyer for failure to meet Seller’s Performance Guarantees set forth in Section 5, Appendix 4.

Performance LDs has the meaning set forth in Section 6.2. “Performance Tests” means, collectively, (a) the ▇▇▇▇▇▇▇ Performance Tests and (b) the UOP Performance Tests. “Person” means any individual, partnership, corporation, limited liability company, association, joint stock company, joint venture, business trust, Governmental Authority or other legal entity. “Pipeline Easements” means, with respect to any Pipeline, the easements or rights-of-way associated with such Pipeline. “Pipelines” means the Grey Ranch CO2 Pipeline and the ▇▇▇▇▇▇▇ ▇▇▇ Pipeline. “Progress Payment” has the meaning set forth in Section 8.2(e). “Project Confidential Information” has the meaning set forth in Section 14.3. “PSSR Standard” means the Owner’s operational risk management standards attached as Exhibit D. “Seconded Manager” shall have the meaning set forth in Section 4.6(a). “Selexol Unit” means the portion of Train 1 required to be completed to enable Train 1 to operate the process for removing impurities (such as carbon dioxide or hydrogen sulfide) from feed gas using a solvent comprising a dimethyl ether of polyethylene glycol in an “off design” mode. “Services” has the meaning set forth in Section 2.1. “Shared Equipment” means any Equipment that does not form a part of a Unit, Train or Pipeline and is used in connection with the operation of one or more Units, Trains or Pipelines. “Site” has the meaning set forth in Section 2.19(a). “Sole Expert” has the meaning set forth in Section 14.5(b)(iii). “Spares” has the meaning set forth in Section 2.10(c). “Subcontract” has the meaning set forth in Section 2.5. “Subcontractor” has the meaning set forth in Section 2.5. 6