Examples of Power Curve Guarantee in a sentence
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.
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 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.
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.
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.
If at the end of the Warranty Period the Nominated Units have not met the Power Curve Guarantee, the Seller shall pay to the Buyer as additional liquidated damages, and not as a penalty, a sum calculated in accordance with Attachment 6.
The Seller’s aggregate liability for liquidated damages for delay in Shipment of the Major Components and for delay in Commercial Operation under Article 17, and for failure to achieve the Power Curve Guarantee under Article 18 for each Project shall not exceed *** percent (***%) of the Purchase Order Price for the relevant Project.
The Seller’s aggregate liability for liquidated damages for delay in Shipment of the Major Components and for delay in Commercial Operation under Article 17 and for failure to achieve the Power Curve Guarantee under Article 18 for each Project shall not exceed *** percent (***%) of the Purchase Order Price for the relevant Project.
If at the end of the Warranty Period the Nominated Units have not met the Power Curve Guarantee, the Seller shall pay to the Buyer as additional liquidated damages, and not as a penalty, a sum calculated as set forth in Article 18.4 below.
If not nominated Turbine passes the Power Curve Test, all Turbines shall be deemed to have satisfied the Power Curve Guarantee.