Common use of Performance Failures Clause in Contracts

Performance Failures. (i) the occurrence of any of the following events shall constitute a "Performance Failure": 1. if, at any time after the Substantial Completion Date and for any reason other than a Force Majeure Event, chilled water is not provided to the Supplier's side of the Chilled Water Delivery Point at 13,905 gallons per minute and 42 degrees Fahrenheit or lower; 2. if, at any time after the Substantial Completion Date and for any reason other than a Force Majeure Event, hot water is not-provided, to the Supplier's side of the Hot Water Delivery Point at 2882 gallons per minute and 200 degrees Fahrenheit or higher; or 3. if, at any time after the Initial Services Date but prior to the Substantial Completion Date for any reason other than a Force Majeure Event, chilled water is not provided to the Supplier's side of a Chilled Water Delivery Point at 4800 gallons per minute and 46 degrees Fahrenheit or lower.

Performance Failures. (i) the occurrence of any of the following events shall constitute a "Performance Failure": 1. if, at any time after the Substantial Completion Date and for any reason other than a Force Majeure Event, chilled water is not provided to the Supplier's side of the Chilled Water Delivery Point at 13,905 gallons per minute and 42 degrees Fahrenheit or lower; 2. if, at any time after the Substantial Completion Date and for any reason other than a Force Majeure Event, hot water is not-provided, not provided to the Supplier's side of the Hot Water Delivery Point at 2882 gallons per minute and 200 degrees Fahrenheit or higher; or 3. if, at any time after the Initial Services Date but prior to the Substantial Completion Date for any reason other than a Force Majeure Event, chilled water is not provided to the Supplier's side of a Chilled Water Delivery Point at 4800 gallons per minute and 46 degrees Fahrenheit or lower.