System Performance Guarantee Sample Clauses
A System Performance Guarantee clause sets out the minimum performance standards that a system or product must meet as part of a contract. Typically, it details specific metrics such as uptime percentages, response times, or throughput levels that the system is required to achieve, and may outline remedies or penalties if these standards are not met. This clause ensures that the buyer receives a reliable and functional system, and provides recourse if the system fails to perform as promised, thereby allocating risk and promoting accountability.
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System Performance Guarantee. Supplier guarantees that the Equipment will function at the minimum Uptime Performance (as described below), as long as the Equipment is under warranty or is maintained by a service agreement between Supplier and the Customer.
System Performance Guarantee. The calculation for estimated annual kWh production for the Term of this Agreement shall be as set forth in Exhibit A. Provided this Agreement is not terminated prior to the Expiration Date set forth in Section 10.1, at the end of the Term of the Agreement, if the total actual kWh production for the Term is less than the total estimated kWh production for the Term, Provider shall at the option of State Purchaser continue to operate the System, at no cost to State Purchaser, at the rate of $0.00/kWh, until the total amount of kWh produced by the System beginning from the Commercial Operations Date exceeds 90% of the total estimated kWh production for the Term of the Agreement.