Pressure Drop Warranty Sample Clauses

Pressure Drop Warranty. CESI further warrants that, when (a) built to CESI's design, and (b) installed on a Kawasaki M1A-13A engine equipped with the "low flow" scroll and transition piece with no cooling holes, and which engine otherwise meets KHI's performance specification for a "new & clean engine"; the combustion system pressure drop and combustor "TAD" (as defined in Appendix "A" to this Agreement) will meet the performance requirements specified therein. Should the gas turbine system not meet this warranty, CESI as its sole liability will pay a portion of the liquidated damages (LD's) actually paid by Kawasaki for failure to meet kW output and Specific Fuel Consumption ("heat rate") commitments to KHI's customer, as follows: . CESI will pay [*] of liquidated damages actually paid by KHI to Enron on the VAMC Jamaica Plain project provided that such damages arise substantially and directly from CESI's failure to meet the pressure drop warranty set forth above, pursuant to KHI's agreement with Enron as such agreement exists as of the date hereof. . Should KHI be able to negotiate full or partial mitigation of any such LD's then CESI's liability shall be proportionally decreased. . Recognizing that the total project power output is the parameter of interest, performance deficiencies on one engine will be netted against performance gains of any others so that no LD's shall be due if the net power output of the three engines meets the total project guarantees. . In all cases CESI shall have the option, at its sole discretion, to make corrections to the system in order to improve the performance so as to meet the required performance level in lieu of paying LD's and shall be given reasonable time and access to make such corrections. Should warranted air emissions not meet the guaranteed levels, or the requirements of the site air permit, whichever is less stringent, then CESI will diligently pursue correction of the problems attributable to its guaranteed system components, including on-site investigation and support to KHI. This warranty shall conclusively be deemed to be satisfied and no further liability to [*] - Confidential information has been deleted from this section. CESI shall accrue when any Xonon combustion system, version 2.1, has operated satisfactorily for a total period of [*] clock hours connected to an electrical power grid or after a period of [*] from the initial synchronization of the first Xonon system, version 2.1, to the electrical power grid at the Jamaic...
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Related to Pressure Drop Warranty

  • Year 2000 Warranty The Sub-Adviser represents and warrants that it is actively pursuing a comprehensive and coordinated compliance strategy (including remediation and testing) to ensure the readiness of its business systems and applications for the Year 2000 and believes that all such systems critical to the performance of Sub-Adviser's responsibilities hereunder will be Year 2000 compliant prior to January 1, 2000. The Sub-Adviser will make appropriate inquiries as to the readiness of its vendors, service providers, clients and other third parties for the Year 2000; provided, however, that neither the Sub-Adviser nor any of its officers, directors or employees (or affiliated companies) make any representations or warranties regarding the Year 2000 readiness of such vendors, service providers, clients and other third parties.

  • Software Warranty NETGEAR warrants to the end-user that each item of Software, as delivered or updated by NETGEAR and properly installed and operated on the Hardware or other equipment it is originally licensed for, will function substantially as described in its then-current user documentation during its respective warranty period. If any item of Software fails to so perform during its warranty period, as the sole remedy NETGEAR or NETGEAR's supplier will at its discretion provide a suitable fix, patch or workaround for the problem which may be included in a future revision of the Software. For specific Software which is distributed by NETGEAR as a licensee of third parties, additional warranty terms offered by such third parties to end-users may apply.

  • Construction Warranty At the Closing, Seller shall assign to Buyer all construction warranties with respect to the Hotel, which assignment shall be in form and substance reasonably satisfactory to Buyer, including a warranty by the Contractor, for the period ending not sooner than one (1) year after the date the Hotel is Substantially Completed, in the form of the warranty attached hereto as Exhibit H (the “Construction Warranty”).

  • Title Warranty Assignor warrants that:

  • Service Warranty 10.1 When performing the Services, Service Provider shall provide professional and skilled personnel, reasonably experienced for the Services to be performed at the best of their knowledge.

  • Limited Warranty 17.1 The Regents warrants that it has the lawful right to grant this license to Licensee.

  • Warranty Period The warranties set forth in Clauses 12.1.1 and 12.1.2 shall be limited to those defects that become apparent within **** after Delivery of the affected Aircraft (the “Warranty Period”).

  • Manufacturer’s Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.

  • Services Warranty Oracle warrants that its Technical Support, training and consulting services will be performed consistent with generally accepted industry standards. This warranty shall be valid for 90 days from performance of service.

  • Product Warranty Each product manufactured, sold, leased, or delivered by the Company has been in conformity with all applicable contractual commitments and all express and implied warranties, and the Company has no Liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against any of them giving rise to any Liability) for replacement or repair thereof or other damages in connection therewith, subject only to the reserve for product warranty claims set forth on the face of the balance sheet included in the Interim Financial Statements (rather than in any notes thereto) as adjusted for the passage of time through the Closing Date in accordance with the past custom and practice of the Company. No product manufactured, sold, leased, or delivered by the Company is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease. Section 4.22 of the Disclosure Schedule includes copies of the standard terms and conditions of sale or lease for the Company (containing applicable guaranty, warranty, and indemnity provisions).

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