Common use of Efficiency Warranty Clause in Contracts

Efficiency Warranty. During the Warranty Period, Seller shall determine for each full calendar month (the “Efficiency Warranty Period”) within five (5) Business Days after the end of such month whether each Facility that has achieved Commencement of Operations has performed at not less than the Minimum Efficiency Level (the “Efficiency Warranty”). If the Minimum Efficiency Level has not been met during such Efficiency Warranty Period, then Seller shall so notify Buyer in writing of the basis of its determination and Buyer may make a claim under Section 8.3. If the Seller fails to perform any Efficiency Warranty calculation within the periods required by this Section 8.7, the Buyer may perform its own calculations and may make a claim under Section 8.3.

Efficiency Warranty. During the Warranty Period, Seller shall determine for each full calendar month (the “Efficiency Warranty Period”) within five (5) [***] Business Days after the end of such month whether each Facility that has achieved Commencement of Operations has performed at not less than the Minimum Efficiency Level (the “Efficiency Warranty”). If the Minimum Efficiency Level has not been met during such Efficiency Warranty Period, then Seller shall so notify Buyer in writing of the basis of its determination and Buyer may make a claim under Section 8.3. If the Seller fails to perform any Efficiency Warranty calculation within the periods required by this Section 8.7, the Buyer may perform its own calculations and may make a claim under Section 8.3.