Common use of Operating Spare Parts Clause in Contracts

Operating Spare Parts. At least [*****] prior to the end of the Warranty Period, Contractor shall provide Company with each manufacturer’s recommended spare parts list for the Equipment, which list shall include part numbers, recommended quantities, price, mean times to failure, mean times to repair and a description of lead times necessary for orders of such spare parts, in each case to the extent reasonably available to Contractor. Contractor agrees to use all commercially reasonable efforts to: (1) obtain from each Major Manufacturer an assignable guaranty that such Major Manufacturer will have available for purchase by Company for the longer of (i) [*****] after the Substantial Completion Date or (ii) [*****] after the end of the Warranty Period, all spare parts for the Major Equipment supplied by such Major Manufacturer required to keep the ESS in good operating condition, it being understood that some of such parts are not “shelf items” and will have to be manufactured by the Major Manufacturer after it receives an order for them; (2) make spare parts (other than spare parts for the Major Equipment) available for purchase by Company for the longer of (i) [*****] after the Substantial Completion Date or (ii) [*****] after the end of the Warranty Period, to the extent that Contractor is able to obtain them from the manufacturer who supplied them for the ESS as originally built; and (3) find another source that can supply such spare parts if Contractor is unable to obtain such spare parts from such manufacturer. 3.30

Appears in 2 contracts

Sources: Turnkey Engineering, Procurement, Construction and Maintenance Agreement (Ameresco, Inc.), Turnkey Engineering, Procurement, Construction and Maintenance Agreement (Ameresco, Inc.)

Operating Spare Parts. At least [*****] ten (10) days prior to the end of the Warranty PeriodProvisional Acceptance Date, Contractor shall provide Company FPL with each manufacturer’s recommended spare parts list for the Equipment, which list shall include part numbers, recommended quantities, price, mean times to failure, mean times to repair and a description of lead times necessary for orders of such spare parts, in each case to the extent reasonably available to Contractor. Contractor agrees to use all commercially reasonable efforts to: : (1a) obtain Obtain from each Major Manufacturer an assignable guaranty that such Major Manufacturer will have available for purchase by Company FPL for the longer a period of *** (i) [*****] ) years after the Substantial Completion Date or (ii) [*****] after the end of the Warranty PeriodProvisional Acceptance Date, all spare parts for the Major Equipment supplied by such Major Manufacturer required to keep the ESS Plant in good operating condition, it being understood that some of such parts are not “shelf items” and will have to be manufactured by the Major Manufacturer after it receives an order for them; ; (2b) make Make spare parts (other than spare parts for the Major Equipment) available for purchase by Company FPL for the longer a period of *** (i) [*****] ) years after the Substantial Completion Provisional Acceptance Date or (ii) [*****] after the end of the Warranty Period, to the extent that Contractor is able to obtain them from the manufacturer who supplied them for the ESS Plant as originally built; and ; (3c) find Find another source that can supply such spare parts if Contractor is unable to obtain such spare parts from such manufacturer. 3.30; and (d) Obtain a firm price for such spare parts reasonably acceptable to FPL for a period of *** (***) years after the Provisional Acceptance Date.

Appears in 1 contract

Sources: Turnkey Engineering, Procurement and Construction Agreement (Sunpower Corp)