Performance Guarantee Damages. a. If the Actual Generation is less than the Guaranteed Level, then EPC Contractor shall pay to Client as liquidated damages and not as a penalty, an amount (“Performance Guarantee Damages”) equal to the shortfall in kWh (“Performance Shortfall”) multiplied by [ ]3. The Performance Shortfall shall be the difference between (a) the Guaranteed Level, and (b)
Appears in 2 contracts
Sources: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement
Performance Guarantee Damages. a. If the Actual Generation is less than the Guaranteed Level, then the EPC Contractor shall pay to the Client as liquidated damages and not as a penalty, an amount (“Performance Guarantee Damages”) equal to the shortfall in kWh (“Performance Shortfall”) multiplied by [ ]39. The Performance Shortfall shall be the difference between (a) the Guaranteed Level, and (b)
Appears in 2 contracts
Sources: Epc Agreement, Epc Agreement
Performance Guarantee Damages. a. 5.1 If the Actual Generation is less than the Guaranteed Level, then EPC Contractor shall pay to Client as liquidated damages and not as a penalty, an amount (“Performance Guarantee Damages”) equal to the shortfall in kWh (“Performance Shortfall”) multiplied by [ ]3. The Performance Shortfall shall be the difference between (a) the Guaranteed Level, and (b)Performance
Appears in 2 contracts
Sources: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement
Performance Guarantee Damages. a. If the Actual Generation is less than the Guaranteed Level, then EPC Contractor shall pay to Client as liquidated damages and not as a penalty, an amount (“Performance Guarantee Damages”) equal to the shortfall in kWh (“Performance Shortfall”) multiplied by [ ]317. The Performance Shortfall shall be the difference between (a) the Guaranteed Level, and (b)
Appears in 1 contract
Sources: Engineering, Procurement and Construction Agreement
Performance Guarantee Damages. a. If the Actual Generation is less than the Guaranteed Level, then the EPC Contractor shall pay to the Client as liquidated damages and not as a penalty, an amount (“Performance Guarantee Damages”) equal to the shortfall in kWh (“Performance Shortfall”) multiplied by [ ]39. The Performance Shortfall shall be the difference between (a) the Guaranteed Level, and (b)
Appears in 1 contract
Sources: Epc Agreement
Performance Guarantee Damages. a. If the Actual Generation is less than the Guaranteed Level, then the EPC Contractor shall pay to the Client as liquidated damages and not as a penalty, an amount (“Performance Guarantee Damages”) equal to the shortfall in kWh (“Performance Shortfall”) multiplied by [ ]32. The Performance Shortfall shall be the difference between (a) the Guaranteed Level, and (b)
Appears in 1 contract
Sources: Epc Agreement