XXXX XX Efficiency Liquidated Damages. If the Measured XXXX XX Efficiency is equal to or greater than the Guaranteed XXXX XX Efficiency for any annual reporting period (or, if shorter, the initial reporting period), then the Guaranteed XXXX XX Efficiency shall be deemed satisfied for such period and O&M Contractor shall have no liability to Owner in relation to the Guaranteed XXXX XX Efficiency. If the Measured XXXX XX Efficiency is less than the Guaranteed XXXX XX Efficiency for any annual reporting period (or, if shorter, the initial reporting period), O&M Contractor shall pay Owner, as liquidated damages and not as a penalty, the amount indicated in Exhibit G- 2 (the “XXXX XX Efficiency Liquidated Damages”). XXXX XX Efficiency shall be determined in accordance with Exhibit G-2.
Appears in 6 contracts
Samples: Operation and Maintenance Agreement, Operation and Maintenance Agreement, Operation and Maintenance Agreement
