Reliability and Capacity Buydown Payments Sample Clauses

Reliability and Capacity Buydown Payments. If the Reliability ----------------------------------------- Test performed most recently prior to the Reliability and Capacity Test Buydown Date (or such earlier Reliability Test, as permitted pursuant to the Performance Test Standards) or the Capacity Test performed most recently prior to the Reliability and Capacity Test Buydown Date (or such earlier Capacity Test, as permitted pursuant to the Performance Test Standards) does not achieve the Guaranteed Reliability and Guaranteed Capacity, Reliability and Capacity Buydown Payments shall be made pursuant to Section 6.2 hereof, subject to the limitations of liability in Section 7 hereof.
Sample 1
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Reliability and Capacity Buydown Payments. If the Xxxxx Complex ----------------------------------------- fails to achieve the Guaranteed Reliability referred to in Sections 6.2.1 hereof during the Reliability Test used to determine Reliability and Capacity Buydown Payments as described in the next succeeding sentence or if the Xxxxx Complex fails to achieve the Guaranteed Capacity referred to in Section 6.2.2 hereof during the Capacity Test used to determine Reliability and Capacity Buydown Payments as described in the second succeeding sentence, Contractor shall pay Owner as rebates and not as penalties the amounts calculated in accordance with the terms set forth in Section 6.2.1 and Section 6.2.2 hereof (the "Reliability and Capacity Buydown Payments"). The Reliability Test used to determine any Reliability and Capacity Buydown Payments shall be such test performed most recently (subject to the qualifications contained in the Performance Test Standards) prior to the Reliability and Capacity Test Buydown Date which was conducted in accordance with the provisions of Section 5 hereof. The Capacity Test used to determine any Reliability and Capacity Buydown Payments shall be such test performed most recently (subject to the qualifications contained in the Performance Test Standards) prior to the Reliability and Capacity Test Buydown Date which was conducted in accordance with the provisions of Section 5 hereof.
Sample 1

Related to Reliability and Capacity Buydown Payments

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  • Authority and Capacity Contractor and Contractor’s signatory each warrant and represent that each has full authority and capacity to enter into this Contract.

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