Acoustic Emissions Sample Clauses

Acoustic Emissions. The contractor guarantees an acoustic power level of 104 dB(A) at hub height at a wind speed of 10 m/s according to the IEC 61400-11 Ed.12.2002 standard. This warranty is given for the duration of 2 years and begins with the date of the end of the trial operation period, but at the latest two months after written confirmation of the initial startup of the WET. If the principal complains within the warranty period that the acoustic power levels are excessively high, a test shall be carried out by a jointly agreed measuring institute or expert at the principal’s expense. If it is proven thereby that the emissions exceed the guaranteed acoustic power level, the cost of the test and the costs resulting from the reworking of the equipment shall be borne by the contractor. The contractor shall be granted a period of 12 months from the time of the written confirmation of the test findings to carry out the necessary reworking. The principal undertakes to support the contractor in implementing the reworking measures. If the guaranteed acoustic power level cannot be achieved within the 12-month reworking period, unless the non-compliance with the guaranteed acoustic power level is based on willful or grossly negligent conduct by the contractor, the contractor must pay to the principal the following lump-sum damages to satisfy all claims for damages by the principal for non-compliance with the guaranteed power curve. *****% of the relevant WET contract price of the respective WET net contract price for the respective WET as defined in Section 2.1 per *****% loss in energy yield due to the operational restrictions of the power output of the WET through the power reduction to maintain the guaranteed acoustic power level up to a maximum of *****% of the contract price. ***** This material has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. DxXxxx Ltd. DXXXXX
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