Financial Cap on Performance Rebates. Notwithstanding anything to the contrary in this Article 8, the total aggregate Performance Guarantee Payments required to be made by Contractor pursuant to this Article 8 shall be equal to the lesser of (i) the aggregate total of the Performance Guarantee Payments due pursuant to the terms of Sections 8.1.1 and 8.1.2, and (ii) the Total LD SubCap set forth in Section 9.1 hereof less all Provisional Acceptance Late Completion Payments made by Contractor pursuant to Article 7 hereof.
Appears in 3 contracts
Samples: Engineering, Procurement and Construction Services Agreement (Aes Ironwood LLC), Engineering, Procurement and Construction Services Agreement (Aes Ironwood LLC), Engineering, Procurement and Construction Services Agreement (Aes Ironwood LLC)
Financial Cap on Performance Rebates. Notwithstanding anything to the contrary in this Article 8, the total aggregate Performance Guarantee Payments required to be made by Contractor pursuant to this Article 8 shall be equal to the lesser of (i) the aggregate total of the Performance Guarantee Payments due pursuant to the terms of Sections 8.1.1 and 8.1.2, and (ii) the Total LD SubCap maximum aggregate value of the Performance Guarantee Payments as a percentage of the Contract Price set forth in Section 9.1 hereof less all Provisional Acceptance Late Completion Payments made by Contractor pursuant to Article 7 hereof.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Services Agreement (Aes Red Oak LLC)
