Common use of Equipment Performance Clause in Contracts

Equipment Performance. Contractor shall use all reasonable efforts to cause Subcontractors supplying any equipment to the DB Project to achieve the performance standards guaranteed by the suppliers of such equipment. Any damages payable by a supplier to Contractor shall be remitted to Concessionaire, except for that portion of such damages required to compensate Contractor for amounts paid to Concessionaire hereunder as a result of the failure of such supplier’s equipment to achieve the required standards under this Agreement and for other reasonable costs incurred by Contractor as a result of such failure. No such damages paid to Concessionaire shall relieve Contractor from any of its obligations under this Agreement and any such damages remitted to Concessionaire shall not be applied to reduce Contractor’s liability hereunder.

Equipment Performance. Contractor shall use all reasonable efforts to cause Subcontractors Subcontractor’s supplying any equipment to the DB Project to achieve the performance standards guaranteed by the suppliers of such equipment. Any damages payable by a supplier to Contractor shall be remitted to Concessionaire, except for that portion of such damages required to compensate Contractor for amounts paid to Concessionaire hereunder as a result of the failure of such supplier’s 's equipment to achieve the required standards under this Agreement and for other reasonable costs incurred by Contractor as a result of such failure. No such damages paid to Concessionaire shall relieve Contractor from any of its obligations under this Agreement and any such damages remitted to Concessionaire shall not be applied to reduce Contractor’s liability hereunder.