Power Curve Guarantee definition

Power Curve Guarantee shall have the meaning ascribed in Section 18.1.
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Power Curve Guarantee has the meaning given in Exhibit G to this Agreement.
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Power Curve Guarantee shall have the meaning set forth in Section 10.8.
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Examples of Power Curve Guarantee in a sentence

  • If the corrective action taken pursuant to item (a) above includes any adjustment to controls or operating parameters, the Buyer shall have the right to request the Seller to re-test the Power Curve Guarantee with respect to the relevant Units, in which case the provisions of Article 18 shall be applicable.

  • The Seller’s aggregate liability under this Article 18 for liquidated damages for failure to achieve the Power Curve Guarantee shall not exceed *** percent (***%) of the Purchase Order Price for the relevant Project.

  • If at the first re-test the Nominated Units fail to meet the Power Curve Guarantee, the Seller shall be permitted reasonable access to the Nominated Units to perform adjustments and may at its option and expense perform additional tests at intervals of no less than three (3) months until the end of the Warranty Period or until a subsequent test of the Nominated Units shows that they meet the Power Curve Guarantee.

  • The Parties acknowledge that the Buyer shall suffer damages that will be difficult to ascertain if the Seller fails to achieve the Power Curve Guarantee.

  • To demonstrate that the Power Curve Guarantee has been fulfilled, the Buyer may elect at its own expense to cause the Units identified by the Buyer prior to the Commercial Operation of the first Unit (the “Nominated Units” as described in further detail in Appendix A, Technical Specifications) to be tested by an independent engineer reasonably acceptable to the Seller.

  • The Seller’s aggregate liability for liquidated damages for delay in Shipment of the Major Components and for delay in Commercial Operation under Article 17, and for failure to achieve the Power Curve Guarantee under Article 18 for each Project shall not exceed *** percent (***%) of the Purchase Order Price for the relevant Project.

  • If at the end of the Warranty Period the Nominated Units have not met the Power Curve Guarantee, the Seller shall pay to the Buyer as additional liquidated damages, and not as a penalty, a sum calculated in accordance with Attachment 6.

  • The Seller’s aggregate liability for liquidated damages for delay in Shipment of the Major Components and for delay in Commercial Operation under Article 17 and for failure to achieve the Power Curve Guarantee under Article 18 for each Project shall not exceed *** percent (***%) of the Purchase Order Price for the relevant Project.

  • If at the end of the Warranty Period the Nominated Units have not met the Power Curve Guarantee, the Seller shall pay to the Buyer as additional liquidated damages, and not as a penalty, a sum calculated as set forth in Article 18.4 below.

  • If Owner does not complete the Power Curve Test on the Turbines on or before the end of the period specified in Section 10.8(a), the Wind Turbines shall be deemed to have satisfied the Power Curve Test and Owner will not be entitled to any damages as a result of any failure of the Wind Turbines to meet the Power Curve Guarantee.

Related to Power Curve Guarantee

  • Guaranteed energy savings contract means a contract that includes all of the following:

  • Completion Guaranty means the Guaranty of Completion and Payment of even date herewith from Indemnitor for the benefit of Lender, as amended from time to time.

  • Guaranteed Energy Production or “GEP” has the meaning set forth in Section 3.1(e)(ii).

  • Guaranty means, with respect to any Person, any obligation (except the endorsement in the ordinary course of business of negotiable instruments for deposit or collection) of such Person guaranteeing or in effect guaranteeing any indebtedness, dividend or other obligation of any other Person in any manner, whether directly or indirectly, including (without limitation) obligations incurred through an agreement, contingent or otherwise, by such Person:

  • Performance Guarantee means the security to be provided by the Contractor in accordance with Sub Clause 10.1 for the due performance of the Contract.

  • guarantee contract means a contract entered into by a person as guarantor;

  • Payment Guaranty means, if applicable, that certain Guaranty (Payment) of even date herewith executed by Guarantor to and for the benefit of Lender, as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time.

  • CONSTRUCTION GUARANTEE means a guarantee at call obtained by the contractor from an institution approved by the employer in terms of the employer's construction guarantee form as selected in the schedule

  • Bid guarantee means the bid bond, cashier's check or certified check submitted as part of the bid proposal, payable to the contracting unit, ensuring that the successful bidder will enter into a contract.

  • Renewable energy facility means an electric generation unit or other facility or installation that produces electric energy using a Renewable Energy Source.

  • Guaranteed Substantial Completion Date or “Guaranteed Substantial Completion Dates” has the meaning set forth in Section 5.3B.

  • Swap Guarantee If so specified in the Supplement with respect to any Series, the guarantee issued by the Swap Guarantor in favor of the Trust substantially in the form attached as an exhibit to the Swap Agreement.

  • Guaranteed Cash Management Agreement means any Cash Management Agreement that is entered into by and between any Loan Party and any Cash Management Bank.

  • Renewable energy project means (A) a project

  • Corporate Guarantee means a guarantee of the obligations of the Borrowers under this Agreement and the other Finance Documents to which each Borrower is a party, in the Agreed Form;

  • Consumer Guarantee means a right or guarantee the Customer may have under the Australian Consumer Law or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.

  • Call Off Guarantee means a deed of guarantee in favour of a Contracting Body in the form set out in Framework Schedule 13 (Guarantee) and granted pursuant to Clause 3 of the Template Call Off terms;

  • Parent Guarantee means the guarantee by Parent Guarantor of the obligations of the Issuer under this Indenture and the Securities in accordance with the provisions of this Indenture.

  • government guaranteed bond means a bond of the Government of Canada or a bond unconditionally guaranteed as to principal and interest by the Government of Canada that is:

  • Holdings Guaranty means the Holdings Guaranty made by Holdings in favor of the Administrative Agent on behalf of the Secured Parties, substantially in the form of Exhibit F.

  • Bank Guarantee means an irrevocable and unconditional undertaking by a trading bank approved by the Council to pay the Development Contribution amount on demand without an expiry or end date and containing terms and conditions acceptable to Council and in accordance with clause 9 of this Agreement;

  • Permitted SBIC Guarantee means a guarantee by the Borrower of Indebtedness of an SBIC Subsidiary on the SBA’s then applicable form, provided that the recourse to the Borrower thereunder is expressly limited only to periods after the occurrence of an event or condition that is an impermissible change in the control of such SBIC Subsidiary (it being understood that, as provided in clause (s) of Article VII, it shall be an Event of Default hereunder if any such event or condition giving rise to such recourse occurs).

  • Guaranty Agreement means an agreement executed by the Guarantors in substantially the form of Exhibit F-2 unconditionally guarantying on a joint and several basis, payment of the Indebtedness, as the same may be amended, modified or supplemented from time to time.

  • Performance Bank Guarantee means the irrevocable unconditional bank guarantee to be submitted by the successful bidder as per the RfS.

  • Corporate Guaranty means a legal document used by an entity to guaranty the obligations of another entity.

  • Guaranty Obligation means, as applied to any Person, any direct or indirect liability, contingent or otherwise, of such Person with respect to any Indebtedness of another Person, if the purpose or intent of such Person in incurring the Guaranty Obligation is to provide assurance to the obligee of such Indebtedness that such Indebtedness will be paid or discharged, that any agreement relating thereto will be complied with, or that any holder of such Indebtedness will be protected (in whole or in part) against loss in respect thereof, including (a) the direct or indirect guaranty, endorsement (other than for collection or deposit in the ordinary course of business), co-making, discounting with recourse or sale with recourse by such Person of Indebtedness of another Person and (b) any liability of such Person for Indebtedness of another Person through any agreement (contingent or otherwise) (i) to purchase, repurchase or otherwise acquire such Indebtedness or any security therefor or to provide funds for the payment or discharge of such Indebtedness (whether in the form of a loan, advance, stock purchase, capital contribution or otherwise), (ii) to maintain the solvency or any balance sheet item, level of income or financial condition of another Person, (iii) to make take-or-pay or similar payments, if required, regardless of non-performance by any other party or parties to an agreement, (iv) to purchase, sell or lease (as lessor or lessee) property, or to purchase or sell services, primarily for the purpose of enabling the debtor to make payment of such Indebtedness or to assure the holder of such Indebtedness against loss or (v) to supply funds to, or in any other manner invest in, such other Person (including to pay for property or services irrespective of whether such property is received or such services are rendered), if in the case of any agreement described under clause (b)(i), (ii), (iii), (iv) or (v) above the primary purpose or intent thereof is to provide assurance that Indebtedness of another Person will be paid or discharged, that any agreement relating thereto will be complied with or that any holder of such Indebtedness will be protected (in whole or in part) against loss in respect thereof. The amount of any Guaranty Obligation shall be equal to the amount of the Indebtedness so guaranteed or otherwise supported.