Performance Guarantees and Liquidated Damages. 62 22.1 Schedule............................................................ 62 22.2 Performance. ....................................................... 63 22.3
Performance Guarantees and Liquidated Damages. “Guaranteed Lime Consumption” means the lime consumption that will be guaranteed in the EPC Contract.
Performance Guarantees and Liquidated Damages. “Minimum Performance Criteria” means, with respect to the Equipment, ***% of the Guaranteed Turbine Gross Electrical Output and ***% of the Guaranteed Turbine Cycle Net Heat Rate.
Performance Guarantees and Liquidated Damages. The Prime Contract will include an initial cure period beginning on the Substantial Completion Date and ending one hundred eighty (180) days later (“Cure Period”) for the achievement of the Facility Performance Guarantees. During the Cure Period, Seller shall exercise all reasonable efforts to make all refinements, repairs, and modifications that may be necessary or desirable to enhance Equipment performance up to compliance with a 100% level of achievement of all Equipment Performance Guarantees. In the event that the Facility Performance Guarantees have not been achieved on or prior to the expiry of the Cure Period, subject to consultation with Seller, Buyer may either (a) submit to Owner a remedial plan for achievement of the Facility Performance Guarantees, or (b) decline to submit such a remedial plan.
Performance Guarantees and Liquidated Damages plan, then Seller shall, if required by Buyer, continue to exercise all reasonable efforts during the Cure Period Extension to make all refinements, repairs, and modifications that may be necessary or desirable to enhance Equipment performance up to compliance with a 100% level of achievement of all Equipment Performance Guarantees and shall, if required by Buyer, support the conduct of further Performance Guarantee Tests during the Cure Period Extension, provided that Seller’s reasonable additional costs incurred in connection with such support will be borne by Buyer so long as all Equipment Performance Guarantees have been met as at the expiry of the initial Cure Period and so long as all Equipment Performance Guarantees continue to be met during the Cure Period Extension.
Performance Guarantees and Liquidated Damages. With respect to Reliability LDs, if Owner does not recover or seek to recover from Buyer liquidated damages for failure to achieve the guaranteed Facility EAF under the Prime Contract, Buyer shall not be entitled to recover Reliability LDs under this Agreement for Seller’s failure to meet his guaranteed EEAF.
Performance Guarantees and Liquidated Damages. To determine the EAF, an availability factor (AF) will be calculated for each dispatch level requested by the Owner during the designated test period. The sum of the individual AFs, as calculated at each dispatch level, will be averaged on a time-weighted basis to determine the equivalent availability over the total test period. EAF is defined as follows: EAF = {[(AF1 x DP1) + (AF2 x DP2) + . + (AFn x DPn)] ÷ TP} x 100% Where:
Performance Guarantees and Liquidated Damages. The EEAF will be determined as noted below. EEAF = [AH-(EUDH+EPDH)]/PH * 100% And: AH = PH – (FOH + MOH + POH) EUDH = Unplanned Derated Hours x Size of Reduction / MDC EPDH = Planned Derated Hours x Size of Reduction / MDC Where: AH = Available Hours PH = Period Hours = 720 Hours declared by Xxxxx to demonstrate the EAF FOH = Forced Outage Hours attributable to Seller’s Equipment MOH = Maintenance Outage Hours attributable to Seller’s Equipment POH = Planed Outage Hours attributable to Seller’s Equipment EUDH = Equivalent Unplanned Derated Hours attributable to Seller’s Equipment EPDH = Equivalent Planned Derated Hours attributable to Seller’s Equipment MDC = Maximum Dependable Capacity = DL (as defined in the EAF equation) In determining the EUDH and EPDH, the size of the reduction shall be determined based upon the shortfall in kilowatt-hours in the net electrical output from the MDC during the period of derated operation attributable to Seller’s Equipment. Buyer shall “look back” over the data collected since the declared start of the Reliability Run and declare a 720 period to use as the basis of demonstrating the EAF and the Seller’s EEAF. When the Facility is required for dispatch and a fault occurs resulting in a total loss of generation, the period of the forced outage shall begin when the Facility has been taken out of service such that it is no longer capable of being dispatched as evidenced by the operation records and shall end when the Facility has been, or was made ready to have By Seller: By Buyer:
Performance Guarantees and Liquidated Damages been, returned to the required operating condition (in accordance with the start-up and ramp-up rates included in station manuals) following completion of the repairs . A Planned Outage shall begin when the Facility has been taken out of service such that it is no longer capable of being dispatched by Owners as evidenced by the operation records and shall end when the Facility has been returned to the required operating condition (in accordance with the start-up and ramp-up rates included in the station manuals). Buyer shall have the right at all reasonable times during the Reliability Test to inspect the Facility and all ancillary parts thereof. If as a result of such an inspection, Buyer becomes aware of abnormal operating conditions or an impending failure, and if Owners and Buyer agree (each acting reasonably), the Facility shall be shut down in order to permit the parties to undertake a detailed inspection over such period as the parties shall agree to be reasonable in the circumstances.
Performance Guarantees and Liquidated Damages. NEO = Net Electrical Output, kW (adjusted) during the NHR Test BEF = Boiler Efficiency Factor, percent/100 TAC = Turbine aging correction factor, determined as described in Clause 7.0, Paragraph A of this Appendix 4.
