Common use of Performance Guarantee for DFC Modules and DFC Components Clause in Contracts

Performance Guarantee for DFC Modules and DFC Components. 9.2.1 The guaranteed power output and efficiency for the POSCO Plant final acceptance test at the customer site (“FA Test”) shall be 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 solely attributable to the DFC Module or the DFC Components provided by Seller, but achieves at least 95% of the guaranteed power output and/or efficiency, the Contract Price for the DFC Module or DFC Components shall be reduced to reflect the shortfall in either the power output or the efficiency proportionally, whichever shortfall amount is higher.