Common use of Guaranteed Performance Levels Clause in Contracts

Guaranteed Performance Levels. Lessor agrees to use commercially reasonable efforts to achieve the Guaranteed Performance Levels as set forth in Schedule 4.5 by the Scheduled Commercial Operation Date. Lessor shall test Xxxx 0 for the Guaranteed Performance Levels in connection with the Commercial Operation Test in accordance with the applicable testing procedures set forth in Schedule 4.2. If Unit 2 should fail to satisfy one or more of the Guaranteed Performance Levels by the Scheduled Commercial Operation Date (other than as a result of the acts or omissions of Lessee or the failure of Lessee to perform any of its obligations under this Facility Lease or any other Lease Document to which it is a party), then Lessor shall have one hundred eighty (180) days to correct the problem. If, at the expiration of such one hundred eighty (180) day period, Xxxx 0 still does not meet one or more of the Guaranteed Performance Levels (other than as a result of the acts or omissions of Lessee or the failure of Lessee to perform any of its obligations under this Facility Lease or any other Lease Document to which it is a party) based on a test of Unit 2 in accordance with the applicable testing procedures set forth in Schedule 4.2, then Lessor shall pay to Lessee, as liquidated damages and not as a penalty, the respective Guaranteed Performance Level Damages as set forth in Schedule 4.5; provided, however, that the maximum amount of Guaranteed Performance Level Damages payable by Lessor under this Section 4.5 for failure to achieve the respective Guaranteed Performance Level shall not exceed the respective Performance Damages Cap as set forth in Schedule 4.5; provided, further, that notwithstanding any provision to the contrary contained herein, in no event shall Lessor be obligated to pay Guaranteed Performance Level Damages prior to the Lease Effective Date (including if the Lease Effective Date does not occur).

Guaranteed Performance Levels. Lessor agrees to use commercially reasonable efforts to achieve the Guaranteed Performance Levels as set forth in Schedule 4.5 by the Scheduled Commercial Operation Date. Lessor shall test Xxxx 0 for the Guaranteed Performance Levels in connection with the Commercial Operation Test in accordance with the applicable testing procedures set forth in Schedule 4.2. If Unit 2 1 should fail to satisfy one or more of the Guaranteed Performance Levels by the Scheduled Commercial Operation Date (other than as a result of the acts or omissions of Lessee or the failure of Lessee to perform any of its obligations under this Facility Lease or any other Lease Document to which it is a party), then Lessor shall have one hundred eighty (180) days to correct the problem. If, at the expiration of such one hundred eighty (180) day period, Xxxx 0 still does not meet one or more of the Guaranteed Performance Levels (other than as a result of the acts or omissions of Lessee or the failure of Lessee to perform any of its obligations under this Facility Lease or any other Lease Document to which it is a party) based on a test of Unit 2 1 in accordance with the applicable testing procedures set forth in Schedule 4.2, then Lessor shall pay to Lessee, as liquidated damages and not as a penalty, the respective Guaranteed Performance Level Damages as set forth in Schedule 4.5; provided, however, that the maximum amount of Guaranteed Performance Level Damages payable by Lessor under this Section 4.5 for failure to achieve the respective Guaranteed Performance Level shall not exceed the respective Performance Damages Cap as set forth in Schedule 4.5; provided, further, that notwithstanding any provision to the contrary contained herein, in no event shall Lessor be obligated to pay Guaranteed Performance Level Damages prior to the Lease Effective Date (including if the Lease Effective Date does not occur).

Guaranteed Performance Levels. Lessor agrees to use commercially reasonable efforts to achieve the Guaranteed Performance Levels as set forth in Schedule 4.5 by the Scheduled Commercial Operation Date. Lessor shall test Xxxx 0 the Unit 1 Facility for the Guaranteed Performance Levels in connection with the Commercial Operation Test in accordance with the applicable testing procedures set forth in Schedule 4.2. If Unit 2 the Xxxx 0 Facility should fail to satisfy one or more of the Guaranteed Performance Levels by the Scheduled Commercial Operation Date (other than as a result of the acts or omissions of Lessee or the failure of Lessee to perform any of its obligations under this Facility Lease or any other Lease Document to which it is a party), then Lessor shall have one hundred eighty (180) days to correct the problem. If, at the expiration of such one hundred eighty (180) day period, Xxxx 0 still does not meet one or more of the Guaranteed Performance Levels in accordance with Schedule 4.2 (other than as a result of the acts or omissions of Lessee or the failure of Lessee to perform any of its obligations under this Facility Lease or any other Lease Document to which it is a party) based on a test of Unit 2 in accordance with but nevertheless achieves the applicable testing procedures set forth in Schedule 4.2Lease Effective Date, then within sixty (60) Business Days after the Lease Effective Date, Lessor shall pay to Lessee, as liquidated damages and not as a penalty, penalty the respective Guaranteed Performance Level Damages as set forth in Schedule 4.5; provided, however, that the maximum amount of Guaranteed Performance Level Damages payable by Lessor under this Section 4.5 for failure to achieve the respective Guaranteed Performance Level Levels shall not exceed the respective Performance Damages Cap as set forth in Schedule 4.5; provided, further, that notwithstanding any provision to the contrary contained herein, in no event shall Lessor be obligated to pay Guaranteed Performance Level Damages prior to the Lease Effective Date (including if the Lease Effective Date does not occur).

Guaranteed Performance Levels. Lessor agrees to use commercially reasonable efforts to achieve the Guaranteed Performance Levels as set forth in Schedule 4.5 by the Scheduled Required Commercial Operation Date. Lessor shall test Xxxx 0 the Leased Facility for the Guaranteed Performance Levels in connection with the Commercial Operation Test in accordance with the applicable testing procedures set forth in Schedule 4.2Test. If Unit 2 the Leased Facility should fail to satisfy one or more of the Guaranteed Performance Levels by the Scheduled Required Commercial Operation Date (other than as a result of the acts or omissions of Lessee or the failure of Lessee to perform any of its it obligations under this Facility Lease or any other Lease Document to which it is a party), then Lessor shall have one hundred eighty (180) 180 days to correct the problem. Within this period, Lessee shall xxxxx Xxxxxx and its Affiliates and designees reasonable access to cure deficiencies and test the Leased Facility in order to achieve the Guaranteed Performance Levels. If, at the expiration of such one hundred eighty (180) -day period, Xxxx 0 the Leased Facility still does not meet one or more of the Guaranteed Performance Levels (other than as a result of the acts or omissions of Lessee or the failure of Lessee to perform any of its obligations under this Facility Lease or any other Lease Document to which it is a party) based on a test of Unit 2 in accordance with using the applicable testing procedures set forth in Schedule 4.23.5, then Lessor shall pay to Lessee, as liquidated damages and not as a penalty, the respective Guaranteed Performance Level Damages as set forth in Schedule 4.5; Damages, provided, however, that the maximum amount of Guaranteed Performance Level Damages payable by Lessor under this Section 4.5 for failure to achieve shall not exceed the respective Guaranteed Performance Level shall not exceed the respective Performance Damages Cap as set forth in Schedule 4.5Cap; provided, further, that notwithstanding any provision to the contrary contained herein, in no event shall Lessor be obligated to pay Guaranteed Performance Level Damages prior to the Lease Effective Commercial Operation Date (including if the Lease Effective Commercial Operation Date does not occur).

Guaranteed Performance Levels. Lessor agrees to use commercially reasonable efforts to achieve the Guaranteed Performance Levels as set forth in Schedule 4.5 by the Scheduled Commercial Operation Date. Lessor shall test Xxxx 0 for the Guaranteed Performance Levels in connection with the Commercial Operation Test in accordance with the applicable testing procedures set forth in Schedule 4.2. If Unit 2 should fail to satisfy one or more of the Guaranteed Performance Levels by the Scheduled Commercial Operation Date in accordance with Schedule 4.2 (other than as a result of the acts or omissions of Lessee or the failure of Lessee to perform any of its obligations under this Facility Lease or any other Lease Document to which it is a party), then Lessor shall have one hundred eighty (180) days to correct but nevertheless achieves the problem. If, at the expiration of such one hundred eighty (180) day period, Xxxx 0 still does not meet one or more of the Guaranteed Performance Levels (other than as a result of the acts or omissions of Lessee or the failure of Lessee to perform any of its obligations under this Facility Lease or any other Lease Document to which it is a party) based on a test of Unit 2 in accordance with the applicable testing procedures set forth in Schedule 4.2Effective Date, then within sixty (60)Business Days after the Lease Effective Date, Lessor shall pay to Lessee, as liquidated damages and not as a penalty, penalty the respective Guaranteed Performance Level Damages as set forth in Schedule 4.5; provided, however, that the maximum amount of Guaranteed Performance Level Damages payable by Lessor under this Section 4.5 for failure to achieve the respective Guaranteed Performance Level Levels shall not exceed the respective Performance Damages Cap as set forth in Schedule 4.5; provided, further, that notwithstanding any provision to the contrary contained herein, in no event shall Lessor be obligated to pay Guaranteed Performance Level Damages prior to the Lease Effective Date (including if the Lease Effective Date does not occur).