Examples of Power Curve in a sentence
No further measurement tests shall be conducted and Supplier shall have no further liability for payment of Power Curve Liquidated Damages hereunder.
The Seller’s aggregate liability under this Article 18 for liquidated damages for failure to achieve the Power Curve Guarantee shall not exceed *** percent (***%) of the Purchase Order Price for the relevant Project.
If at the first re-test the Nominated Units fail to meet the Power Curve Guarantee, the Seller shall be permitted reasonable access to the Nominated Units to perform adjustments and may at its option and expense perform additional tests at intervals of no less than three (3) months until the end of the Warranty Period or until a subsequent test of the Nominated Units shows that they meet the Power Curve Guarantee.
To demonstrate that the Power Curve Guarantee has been fulfilled, the Buyer may elect at its own expense to cause the Units identified by the Buyer prior to the Commercial Operation of the first Unit (the “Nominated Units” as described in further detail in Appendix A, Technical Specifications) to be tested by an independent engineer reasonably acceptable to the Seller.
The liquidated damages for failure to achieve the Power Curve Guarantees and the corrective action required by this Article 18 to be taken by the Seller for deficiencies in performance shall be the Buyer’s exclusive remedies for such deficiencies.
If the corrective action taken pursuant to item (a) above includes any adjustment to controls or operating parameters, the Buyer shall have the right to request the Seller to re-test the Power Curve Guarantee with respect to the relevant Units, in which case the provisions of Article 18 shall be applicable.
The Parties acknowledge that the Buyer shall suffer damages that will be difficult to ascertain if the Seller fails to achieve the Power Curve Guarantee.
Upon Seller's calculation of the Measured Power Curve for each WTG as provided in this Section 4 (Determination of Measured Power Curve), Seller shall provide written notice to Company of such Measured Power Curve(s).
The Measured Power Curve shall be calculated using (i) 0.5 m/s wind bins ranging from 1 below the manufacturer's specified cut-in-wind speed to, at least, 1.5 times the wind speed specified by the manufacturer as associated with 85% of the rated power of the WTG and (ii) the 10-minute averaged power output for each wind speed bin.
If, within five (5) Business Days following the expiration of said 30-Day period, neither Party has submitted such MPC Disagreement to an Independent AF Evaluator, the Measured Power Curve for each WTG as calculated by Seller pursuant to Section 4 (Determination of Measured Power Curve) of Attachment Q (Calculation of Certain Metrics) shall be deemed to be accepted by Company and shall no longer be subject to dispute by Company or Seller.