Common use of Project Benefits Shortfalls Clause in Contracts

Project Benefits Shortfalls. If an Annual Project Benefits Shortfall occurs for any one year of the Guarantee Term, JCI shall, at its discretion and in any combination, (a) set off the amount of such shortfall against any unpaid balance Customer then owes to JCI, (b) where permitted by applicable law, increase the next year’s amount of Annual Project Benefits by the amount of such shortfall, (c) pay to Customer the amount of such shortfall, or (d) subject to Customer’s agreement, provide to Customer additional products or services, in the value of such shortfall, at no additional cost to Customer.

Project Benefits Shortfalls. If an Annual Project Benefits Shortfall occurs for any one year of the Guarantee Term, JCI shall, at its discretion and in any combination, (a) set off the amount of such shortfall against any unpaid balance Customer then owes to JCI, (b) where permitted by applicable law, increase the next year’s amount of Annual Project Benefits by the amount of such shortfall, (c) pay to Customer the amount of such shortfall, or (db) subject to Customer’s written agreement, provide to Customer additional products or services, in the value of such shortfall, at no additional cost to CustomerCustomer in accordance with all applicable laws, rules and regulations.

Project Benefits Shortfalls. If an Annual Project Benefits Shortfall occurs for any one year of the Guarantee TermM&V Services Period, JCI shall, at its discretion and in any combinationsubject to Customer’s agreement, which shall not be unreasonably withheld, (a) set off the amount of such shortfall against any unpaid balance Customer then owes to JCI, (b) where permitted by applicable law, increase the next year’s amount of Annual Project Benefits by the amount of such shortfall, (c) pay to Customer the amount of such shortfall, or (d) subject to Customer’s agreement, provide to Customer additional products or services, in the value of such shortfall, at no additional cost to Customer.

Project Benefits Shortfalls. If an Annual Project Benefits Shortfall occurs for any one year of the Guarantee TermM&V Services Period, JCI shall, at its discretion and in any combinationsubject to Customer’s agreement, which shall not be unreasonably withheld, (a) set off the amount of such shortfall against any unpaid balance Customer then owes to JCI, (b) where permitted by applicable law, increase the next year’s amount of Annual Project Benefits by the amount of such shortfall, (c) pay to Customer the amount of such shortfall, or (dc) subject to Customer’s agreement, provide to Customer additional products or services, in the value of such shortfall, at no additional cost to Customer.

Project Benefits Shortfalls. If an Annual Project Benefits Shortfall occurs for any one year of the Guarantee Term, JCI shall, at its discretion and in any combination, (a) set off the amount of such shortfall against any unpaid balance Customer then owes to JCI, (b) where permitted by applicable law, increase the next year’s amount of Annual Project Benefits by the amount of such shortfall, (c) shall pay to Customer the amount of such shortfall, or (d) subject to Customer’s agreement, provide to Customer additional products or services, in the value of such shortfall, at no additional cost to Customer.