Net Heat Rate Performance Liquidated Damages. If the Guaranteed Net Heat Rate is not met for a Unit during the Performance Tests, but the Net Heat Rate Minimum Acceptance Criteria is met for such Unit during such Performance Tests, Contractor shall owe to Owner, as Net Heat Rate Performance Liquidated Damages, *** each Btu per kWh (HHV) that the Net Heat Rate for such Unit (as measured during the Performance Tests) is greater than the Guaranteed Net Heat Rate (the “Net Heat Rate Performance Liquidated Damages”).
Appears in 2 contracts
Sources: Lump Sum Turnkey Agreement (Mirant Corp), Lump Sum Turnkey Agreement (Mirant Corp)