Common use of Emissions Guarantee Clause in Contracts

Emissions Guarantee. ‌ Seller shall conduct the Performance Tests in accordance with Appendix H and, as a condition of Substantial Completion, shall demonstrate that emissions from the Project meet the Guaranteed Emissions. If the Guaranteed Emissions are not met, either in whole or in part, Seller shall, at its sole cost and expense, to diligently make such changes, modifications and/or additions to the Plant or any part thereof as may be necessary to achieve the Guaranteed Emissions. Seller shall notify Buyer upon completion of the necessary changes, modifications or additions, and Seller shall repeat the Performance Tests as necessary until the Guaranteed Emissions have been met. Nothing contained in this Section 18.2 shall relieve Seller of Seller’s obligation to pay liquidated damages under this Agreement.

Emissions Guarantee. ‌ Seller shall conduct the Performance Tests in accordance with Appendix H and, as a condition of Substantial Completion, shall demonstrate that emissions from the Project meet the Guaranteed Emissions. If the Guaranteed Emissions are not met, either in whole or in part, Seller shall, at its sole cost and expense, to diligently make such changes, modifications and/or additions to the Plant or any part thereof as may be necessary to achieve the Guaranteed Emissions. Seller shall notify Buyer upon completion of the necessary changes, modifications or additions, and Seller shall repeat the Performance Tests as necessary until the Guaranteed Emissions have been met. Nothing contained in this Section 18.2 shall relieve Seller of Seller’s obligation to pay liquidated damages under this Agreement.

Emissions Guarantee. ‌ Seller Contractor shall conduct the Performance Tests in accordance with Appendix H and, as a condition of Substantial Completion, shall demonstrate that emissions from the Project meet the Guaranteed Emissions. If the Guaranteed Emissions are not met, either in whole or in part, Seller Contractor shall, at its sole cost and expense, to diligently make such changes, modifications and/or additions to the Plant or any part thereof as may be necessary to achieve the Guaranteed Emissions. Seller Contractor shall notify Buyer Company upon completion of the necessary changes, modifications or additions, and Seller Contractor shall repeat the Performance Tests as necessary until the Guaranteed Emissions have been met. Nothing contained in this Section 18.2 17.2 shall relieve Seller Contractor of SellerContractor’s obligation to pay liquidated damages under this AgreementContract.