Performance Guarantee for DFC Components Sample Clauses

Performance Guarantee for DFC Components. 9.2.1 The guaranteed power output and efficiency for the POSCO Plant final acceptance test at the Site (the “FA Test”) shall be as set forth in the POSCO Plant Specifications. If after repeated FA Tests over a period of six (6) months from the first FA Test, the POSCO Plant fails to achieve the guaranteed power output and/or efficiency set forth in the POSCO Plant Specifications for causes attributable to the DFC Components provided by Seller, but achieves at least 95% of the guaranteed power output and/or efficiency, Seller shall reimburse Buyer an amount of the Contract Price for the DFC Components, which is proportional to the reduction in either the power output or the efficiency, whichever amount is higher. 9.2.2 In the event the POSCO Plant fails to achieve at least 95% of the guaranteed power output and/or efficiency due to the fault of the DFC Components after repeated FA tests, Seller shall notify Buyer in writing of the reason for such failure. If the reason is attributable to causes related to DFC Components provided by Seller, then Seller shall have a period of six (6) months from the first FA test to take necessary corrective actions and repeat the FA test to achieve equal to or greater than 95% of the guaranteed power output and/or efficiency. If at the end of such time period 95% of the guaranteed power output and/or efficiency is still not achieved, then Buyer shall have recourse to the applicable provisions of Article 10 below or Section 3.2.5 hereunder if Article 10 does not apply.