Functional Guarantees. 26.1 The Supplier guarantees that, once the Operational Acceptance Certificate(s) has been issued, the System represents a complete, integrated solution to the Purchaser’s requirements set forth in the Technical Requirements and it conforms to all other aspects of the Contract. The Supplier acknowledges that GCC Clause 24 regarding Commissioning and Operational Acceptance governs how technical conformance of the System to the Contract requirements will be determined.
Functional Guarantees. 16.1.1 The Operator shall have procured, mobilized made available, all the necessary manpower, items, goods, materials as may be required for the performance of the O&M Services at the Terminal within 1 (one) year from the Appointed Date in accordance with the provisions of Article 4, until the Termination.
16.1.2 The Operator shall accordingly achieve the Functional Guarantees as per the critical performance parameters set out in SCHEDULE 3 (Functional Guarantees and Damages).
16.1.3 If any default occurs in the achievement or maintenance of the Functional Guarantees, the Operator will be liable to pay Damages as per Article 16.
Functional Guarantees. Subject to compliance with the foregoing preconditions, the Contractor guarantees as follows:
Functional Guarantees. 11.1 The Implementing Partner guarantees that during the Guarantee Test, the Facilities and all parts thereof shall attain the Functional Guarantees as specified in the Contract Agreement, subject to and upon the conditions therein specified.
11.2 If, for reasons attributable to the Implementing Partner, the guaranteed level of the Functional Guarantees specified in the Contract Agreement are not met either in whole or in part, the Implementing Partner shall, within a mutually agreed time, at its cost and expense make such changes, modifications and/or additions to the Plant or any part thereof as may be necessary to meet such Guarantees. The Implementing Partner shall notify the CESL upon completion of the necessary changes, modifications and/or additions, and shall seek the CESL's consent to repeat the Guarantee Test. If the specified Functional Guarantees are not established even during the repeat of the Guarantee Test, the CESL may at its option, either Reject the Equipment and recover the payments already made, or Terminate the Contract and recover the payments already made, or Accept the equipment after levy of liquidated damages in accordance with the provisions specified in the Contract Agreement.
Functional Guarantees. Upon notification of the Installation Contractor’s achievement of Mechanical Completion, Seller shall complete all Functional Tests except for the Reliability Test. The Reliability Test will take place after Substantial Completion and before Final Completion. Seller guarantees that each Unit will satisfy the Functional Guarantees. If Seller fails to achieve the Functional Guarantees, Seller shall perform additional Services to repair, redesign or modify the applicable Unit until such Unit satisfies the minimum standards.
Functional Guarantees. (a) The Operator guarantees that during the Tests and Inspection set out in Design Build Schedule Article 5, the New Facility and all parts thereof shall attain the Functional Guarantees specified in the Design Build Specifications (the “Functional Guarantees”), subject to and upon the conditions therein specified.
(b) If, for reasons attributable to the Operator, the minimum level of the Functional Guarantees are not met either in whole or in part, the Operator shall at its cost and expense make any such changes, modifications or additions to the New Facility or any part thereof as may be necessary to meet at least the minimum level of the Functional Guarantees. The Operator shall notify the Owner upon completion of the necessary changes, modifications or additions, and shall request the Owner to repeat the applicable Tests and Inspection until the minimum level of the Functional Guarantees has been met. If the Operator eventually fails to meet the minimum level of Functional Guarantees, the Owner may consider termination of the Contract, pursuant to Section 19.2.3.
(c) If, for any reasons attributable to the Operator, the Functional Guarantees are not attained either in whole or in part, but the minimum level of the Functional Guarantees is met, the Operator shall, at the Operator’s option, either
i. make such changes, modifications or additions to the New Facility or any part thereof that are necessary to attain the Functional Guarantees at its cost and expense, and shall request the Owner to repeat the Tests and Inspection; or
ii. pay liquidated damages to the Employer in respect of the failure to meet the Functional Guarantees in accordance with the provisions of the Liquidated Damages Appendix.
(d) The payment of liquidated damages under Section 16.12(c) up to the limitation of liability specified in Schedule 5, shall completely satisfy the Operator’s guarantees under Section 16.12(3), and the Operator shall have no further liability whatsoever to the Owner in respect thereof.
Functional Guarantees. The Operator’s Functional Guarantees are as follows:
Functional Guarantees. In the 6”‘ line, delete the words “at the Contractor’s option, either”.
Functional Guarantees. 30.1 The Supplier guarantees that, once the Operational Acceptance Certificate(s) has been issued, the System represents a complete, integrated solution to the Purchaser’s requirements set forth in the Technical Requirements and it conforms to all other aspects of the Contract. The Supplier acknowledges that GCC Clause 27 regarding Commissioning and Operational Acceptance governs how technical conformance of the System to the Contract requirements will be determined.
30.2 If, for reasons attributable to the Supplier, the System does not conform to the Technical Requirements or does not conform to all other aspects of the Contract, the Supplier shall at its cost and expense make such changes, modifications, and/or additions to the System as may be necessary to conform to the Technical Requirements and meet all functional and performance standards. The Supplier shall notify the Purchaser upon completion of the necessary changes, modifications, and/or additions and shall request the Purchaser to repeat the Operational Acceptance Tests until the System achieves Operational Acceptance.
30.3 If the System (or Subsystem[s]) fails to achieve Operational Acceptance, the Purchaser may consider termination of the Contract, pursuant to GCC Clause 41.2.2, and forfeiture of the Supplier’s Performance Security in accordance with GCC Clause 13.3 in compensation for the extra costs and delays likely to result from this failure.
Functional Guarantees. 21.1 The Contractor warrants that the DDC Systems as sold represent a complete, integrated solution to the Commission’s requirements ass set forth in RFQ and it conform to all other aspect of the agreement.
