Common use of Performance and Enforcement Clause in Contracts

Performance and Enforcement. The Lessee shall duly (i) perform and observe in all respects its covenants and obligations under all Operative Documents and (ii) operate and maintain the Project in accordance with Prudent Industry Practice and Applicable Law, except to the extent that the applicability thereof is being contested in good faith unless in the case of clause (i), the failure to perform or observe such covenant or such obligation or (ii) in the case of clause (ii), such contest, in each case, would be expected to result in a loss of revenues attributable to the use of the Project as contemplated by the Operative Documents in excess of $1,500,000, taking into account any Claims arising under Sections 5.2, 5.3 and 5.28 hereunder.