Failure to Achieve Performance Guarantees Sample Clauses

Failure to Achieve Performance Guarantees. (a) If, during the Guarantee Test, the Facility achieves all of the Minimum Acceptance Criteria but fails to achieve one or more of the Performance Guarantees, then, subject to Contractor having achieved all other conditions of Substantial Completion (i) Company shall issue a Handover Certificate, (ii) Contractor shall pay Performance Liquidated Damages in respect of the performance shortfall, and (iii) on the terms set forth in Section 6.10(b), Contractor may have an opportunity to complete one (1) or more Guarantee Test Repetitions in order to satisfy the Performance Guarantees and to have the Performance Liquidated Damages adjusted based on the outcome thereof.

Failure to Achieve Performance Guarantees. 6.2.1 If any Production Line does not achieve the Performance Guarantees by the Guaranteed Final Acceptance Date other than as a result of a default by Buyer hereunder, the parties agree that the Buyer will suffer loss and damage. Since the actual damages that would be suffered would be impossible to ascertain precisely, the parties agree that Seller shall pay Buyer, at Buyer's option, exercised in its sole discretion, liquidated damages, not as a penalty, in an amount determined by multiplying (i) the percentage by which the actual capacity of such Production Line is less than the Performance Guarantee with respect thereto set forth in Section 1(a) of Schedule 1 in the case of each Semi-Automated Production Line and Section 2(a) of Schedule 1 in the case of each Fully-Automated Production Line by (ii) the Purchase Price for such Production Line.