Capacity Warranty. During the Warranty Period, Operator shall determine (i) within [***] Business Days after the end of each Calendar Quarter, whether each Facility that has achieved Commencement of Operations has delivered to the applicable Interconnection Point the Minimum kWh during such Capacity Warranty Period and (ii) within [***] Business Days after the end of each calendar year, whether the Portfolio has delivered to the applicable Interconnection Points the Minimum kWh during such Capacity Warranty Period (the warranty provided in clause (i), the “Quarterly Capacity Warranty”, and the warranty provided in clause (ii), the “One-Year Capacity Warranty”, and such warranties, collectively, the “Capacity Warranty”). If a Capacity Warranty calculation indicates that the Actual kWh of the applicable Bloom Systems was less than the Minimum kWh during such Capacity Warranty Period, then Operator shall so notify Owner in writing of the basis of its determination and Owner may make a claim under Section 2.5 and, upon the making of such claim, Operator shall be required to make a payment under Section 2.5 to Owner and calculated as indicated in Appendix B based on the average tolling rate of the applicable Fleet during the Capacity Warranty Period in order to compensate for the Owner’s loss of revenue resulting from the failure of the Bloom Systems to achieve the Minimum kWh. For the purposes of avoiding double counting of any kWh shortfalls in calculating Capacity Warranty payments, a claim made in respect of the One-Year Capacity Warranty for a calendar year will be reduced by the total amount paid by the Operator in respect of claims under the Quarterly Capacity Warranty for the Calendar Quarters in that calendar year. If the Operator fails to perform any Capacity Warranty calculation within the periods required by this Section 2.6, the Owner may perform its own calculations and may make a claim under Section 2.5. Example calculations of the amount to be paid by Operator to Owner in respect of a claim in respect of either Capacity Warranty are set out in Appendix B.
Capacity Warranty. If the Application is signed only by or on behalf of the Shipping Agent, the Shipping Agent represents and warrants to the Company that:
(a) the Owner the subject of the Application has engaged the Shipping Agent to act as its agent on the Owner's behalf with the Owner’s full authority for all purposes of and in connection with this Agreement; and
(b) it has the power to enter into this Agreement on its own behalf and as agent for the Owner the subject of the Application.
Capacity Warranty. 10.8.1 During the Term, Nortel warrants the capacity of the Core Deliverables as specified in Attachment L and its published Specifications. For Radio Products, capacity is limited to that specified in Section 10.7(d) minus necessary overhead (i.e., for [redacted] available bandwidth for payload (user data rate) is [redacted]. For [redacted] the available payload is [redacted].) [redacted] Nortel may reduce the capacity based on the provisioning and priority given to different traffic types, as long as it demonstrates to Teligent's satisfaction how it proposes such reduction be made. Additional equipment and costs directly attributable to this breach of this Warranty shall be negotiated by the Parties in good faith.
10.8.2 If Teligent chooses to license a new Software release, such upgrade may require changes to the capacity or purchases of additional Equipment. Each such Software release shall have a revised capacity warranty based on Teligent's new Equipment and Software configurations. The warranty of the capacity of the Core Deliverables shall be contingent upon Buyer having maintenance on such Core Deliverables adequately and properly performed.
Capacity Warranty. Each of the signatories to the Agreement below hereby personally warrants that they are duly empowered to enter into the Agreement and have, where applicable, sought board or other such approval.
Capacity Warranty. Formatted: Bullets and Numbering Formatted: Heading 3
