Examples of Guaranteed Performance in a sentence
Contractor shall give State prompt notice if Contractor becomes aware of a material defect in any Deliverables or the performance of any Services or any issue that may affect Contractor’s ability to implement the Solution, including all Guaranteed Functionality and Guaranteed Performance, in accordance with the timeline required by this Agreement.
At all times during the Term Contractor shall retain sufficient number of Contractor Personnel, with the required skills, to meet the ongoing needs of State and ensure that Contractor achieves the timely implementation of the Solution, including the Guaranteed Functionality and Guaranteed Performance.
Therefore, commencing upon the applicable Revenue Service Date for each Bridge , TSP shall pay to the Joint Board an amount determined as follows (the “Performance Stipulated Damages”) as deemed compensation to the Joint Board for lost toll revenues from failure to meet the Guaranteed Performance Requirements.
TSP acknowledges and agrees that such Performance Stipulated Damages are intended to compensate the Joint Board solely for its damages caused by the failure to meet the Guaranteed Performance Requirements specified in Section 4.10.7.2, and shall not excuse TSP from liability to correct any defects in the TCS or from any other breach of requirements of the Contract Documents.
During the Term, O&M Contractor shall perform all maintenance, diagnostics, repair and replacement services, Scheduled Maintenance, and Unscheduled Maintenance necessary to operate and maintain the Project in accordance with the performance standards set forth in Section 4.1(b) and to achieve the Guaranteed Performance, including providing all work, materials, Consumables, items, labor and services specifically identified in, or reasonably inferred from this Agreement, including Exhibit A-1.