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 [ ]9. The Performance Shortfall shall be the difference between (a) the Guaranteed Level, and (b)
Appears in 2 contracts
Performance Guarantee Damages. a. 5.1 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 [ ]910. The Performance Shortfall shall be the difference between (a) the Guaranteed Level, and (b)) Actual Generation.
Appears in 2 contracts
Performance Guarantee Damages. a. 5.1 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 [ ]9. The Performance Shortfall shall be the difference between (a) the Guaranteed Level, and (b)Performance
Appears in 2 contracts
Samples: 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 [ ]93. The Performance Shortfall shall be the difference between (a) the Guaranteed Level, and (b)
Appears in 2 contracts
Samples: 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 [ ]9. The Performance Shortfall shall be the difference between (a) the Guaranteed Level, and (b)
Appears in 1 contract
Samples: Engineering, Procurement
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 [ ]92. The Performance Shortfall shall be the difference between (a) the Guaranteed Level, and (b)
Appears in 1 contract
Samples: Engineering, Procurement
