Examples of Guaranteed Level in a sentence
Provider guarantees to Customer that the Actual Generation of the System during any Guarantee Year, subject to the limitations, terms and conditions stated in this Guarantee shall not be less than the Guaranteed Level.
The Parties agree that the Performance Guarantee Damages are a fair and reasonable determination of the amount of actual damages that would be suffered by the Client for the EPC Contractor’s failure to meet the Guaranteed Level, and the Parties agree that these liquidated damages do not constitute a penalty.
Any such reduction to the Guaranteed Level shall be calculated on an hourly basis based on the average generation on the applicable day or days when the generation loss occurs.
Guaranteed Level means 90% of weather normalized expected performance as calculated by the IEER associated with the installed DAS and related peripheral equipment.
For the Guarantee Period, the EPC Contractor covenants that the Actual Generation shall not be less than the Guaranteed Level.
The Parties agree that it would be extremely difficult to precisely determine the amount of actual damages that would be suffered by the Client in the event that the EPC Contractor fails to achieve the Guaranteed Level.
If the Actual Generation is less than the Guaranteed Level, then the EPC Contractor shall pay to the Client as liquidated damages and not as a penalty, an amount (“Performance Guarantee Damages”) equal to the shortfall in kWh (“Performance Shortfall”) multiplied by [ ]9.
Not used.4.2 Raw Materials and Utilities Consumption in Excess of Guaranteed Level Not used.
Where Untreated Wastewater/ Effluent arriving at the Facility exceeds the applicable Guaranteed Level (Quantity), or falls outside the Guaranteed Level (Quality) the Supplier shall receive such Untreated Wastewater/ Effluent delivered to the Facility and shall make reasonable efforts in accordance with the Standards of a Reasonable and Prudent Supplier to treat it.
If the Actual Generation is less than the Guaranteed Level, then EPC Contractor shall pay to Client as liquidated damages and not as a penalty, an amount (“Performance Guarantee Damages”) equal to the shortfall in kWh (“Performance Shortfall”) multiplied by [ ]3.