EQUIPMENT PERFORMANCE GUARANTEES. For purposes of this section 1 of Part 1 addendum A only, the term "Availability Requirement" means the lesser of the Equipment availability requirement (or "utilization capability" or "100% uptime" requirement) as set forth in the Purchase Spec per SEMI E10-96. The warranty on a unit of Equipment will be extended one (1) month for each month that such Equipment performs below the Availability Requirement. Seller has the right to request a mutual review process, to review equipment performance data, at which Seller may exclude downtime caused by the Buyer in the availability calculations. This provision for warranty extensions does not apply until three (3) months after Equipment final acceptance. If the Availability Requirement is not met for more than six (6) consecutive months during the warranty period, Buyer may, at Buyer's option: (a) return Equipment for full credit; (b) obtain replacement parts, including major components, at no cost to Buyer; or (c) have the non-complying Equipment replaced with new Equipment within ninety (90) days. Warranty extensions may be reduced by one (1) month for every two (2) months that the Equipment performs better than three percent (3%) above the Availability Requirement. Buyer must be in general compliance with Seller's recommended or a mutually agreed upon preventative maintenance schedule for warranty extensions to be invoked. Extensions will be agreed upon within ninety (90) days after the month in which the Equipment performance dictated the extension.
EQUIPMENT PERFORMANCE GUARANTEES. For purposes of this Addendum B, Section 1 only, the term “Availability Requirement” means the lesser of the Equipment availability requirement (or “utilization capability” or “*** uptime” requirement) as set forth in the Purchase Spec per SEMI E10-96 (E-10-0701 Equipment Uptime for ***). The warranty on a unit of Equipment will be extended *** month for each month that such Equipment performs below the Availability Requirement. Seller has the right to request a mutual review process, to review equipment performance data, at which Seller may exclude downtime caused by the Buyer in the availability calculations. This provision for warranty extensions does not apply until *** months after Equipment final acceptance. If the Availability Requirement is not met for more than *** consecutive months during the warranty period, Buyer may, at Buyer’s option: (a) return Equipment for full credit; (b) have the non-complying Equipment replaced with new Equipment within ***. Warranty extensions may be reduced by *** month for every *** months that the Equipment performs better than *** above the Availability Requirement. Buyer must be in general compliance with Seller’s recommended or a mutually agreed upon preventative maintenance schedule for warranty extensions to be invoked. Extensions will be agreed upon within *** days after the month in which the Equipment performance dictated the extension.
EQUIPMENT PERFORMANCE GUARANTEES. Seller guarantees that in the Completed Performance Tests declared by Buyer to demonstrate the requirements of the Facility to achieve Final Completion under the Prime Contract, Seller’s Equipment will achieve the Equipment Performance Guarantees associated with such Completed Performance Tests as indicated in Table 3.0 A. . The following table details the Facility Performance Tests, and the Equipment Performance Guarantees associated with the Facility Performance Tests: Table 3.0A Performance Tests and Associated Equipment Performance Guarantees By Seller: By Buyer: Section 5, Appendix 4 – Performance Guarantees and Liquidated Damages TXU STANDARD PROJECT PROJECTS SECTION 5, APPENDIX 4 PERFORMANCE GUARANTEES AND LIQUIDATED DAMAGES Facility Performance Test Associated Equipment Performance Guarantees Performance Guarantee Tests
