Examples of Facility Service Warranty in a sentence
Notwithstanding anything to the contrary in this Agreement or the MESPA, each of the Facility Service Warranty, the Efficiency Warranty, and the Power Performance Warranty shall terminate with respect to a Bloom System immediately upon termination of the Warranty Period for such Bloom System; provided that any claims under this Agreement that accrued before such termination shall survive such termination until the resolution of those claims.
Operator shall be under no obligation for any Facility Service Warranty, Efficiency Warranty or Power Performance Warranty for a Bloom System during any period for which such Bloom System’s Service Fees have not been paid in full.
In the event that Operator has paid an amount under the Facility Service Warranty that relates to an event in respect of which Owner subsequently also receives an amount from an insurance provider or other third party, Operator is entitled to a refund of the duplicative amount.
No payment or performance obligation shall be due from Operator under the Facility Service Warranty or the indemnity provided in Section 2.8 to the extent such payment or performance is received from, or is the subject of a claim accepted and approved by, an insurance provider or other third parties.
In addition, if any Bloom System contemplated in the [***] PPA is damaged and needs to be repaired or replaced as a result of Owner not receiving and using the specified input fuel, or as a result of the amount, quality or pressure of the natural gas received, Operator shall repair or replace the Bloom System in accordance with Section 2.5(b) as if the damage gave rise to a Facility Service Warranty claim.
In addition, if any Bloom System contemplated in the Wal-Mart PPA is damaged and needs to be repaired or replaced as a result of Owner not receiving and using the specified input fuel, or as a result of the amount, quality or pressure of the natural gas received, Operator shall repair or replace the Bloom System in accordance with Section 2.5(b) as if the damage gave rise to a Facility Service Warranty claim.