Examples of Guaranteed XXXX XX Efficiency in a sentence
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”).
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.
After achieving Project Substantial Completion, Seller may, at its option and sole cost and expense, continue to attempt to achieve the Guaranteed XXXX XX Efficiency until the date that is ninety (90) Days after the Guaranteed Project Substantial Completion Date (such period, the “XXXX XX Efficiency Test Cure Period”).
For each Operating Period during the Term, O&M Contractor guarantees that Measured XXXX XX Efficiency (as defined below) for such Operating Period will equal or exceed the Guaranteed XXXX XX Efficiency (as defined in the table below).
The transfer and/or vesting as aforesaid shall be subject to the existing charges, hypothecation and mortgages, if any, continuing over or in respect of all the aforesaid assets or any part thereof of the Transferor Company.
With respect to each Performance Test, if Seller achieves the Minimum Performance Test Requirements pursuant to such Successfully Run Performance Test but cannot achieve the Guaranteed XXXX XX Efficiency, in the case of a XXXX XX Efficiency Test, the Guaranteed XXXX Storage Capacity, in the case of a XXXX Storage Capacity Test, the Guaranteed PV Plant Capacity, in the case of a PV Plant Capacity Test, Seller shall pay to Purchaser the related liquidated damages as and when required under Article 15.
Except as otherwise specified in Section 3.1 of the Agreement, Owner's sole and exclusive remedy for a failure of the XXXX to achieve the Guaranteed XXXX XX Efficiency during any Operating Period shall be the XXXX XX Efficiency Liquidated Damages (as defined below) provided in this Exhibit G-2.
Damages The following table describes the Guaranteed XXXX XX Efficiency, XXXX XX Efficiency Liquidated Damages and maximum liability for failing to achieve the Guaranteed XXXX XX Efficiency for each Operating Period during the Term of this Agreement.
Not all measures apply to every data centre as they depend on what stage of development that a data centre is at and the system to which it is connecting.
Seller agrees that if, based on the Initial XXXX XX Efficiency Test, the result of the Initial XXXX XX Efficiency Test shall have failed to equal or exceed the Guaranteed XXXX XX Efficiency, Seller shall pay an amount equal to the Initial XXXX XX Efficiency Liquidated Damages to Purchaser upon Project Substantial Completion.