Common use of Performance of Owner Equipment Clause in Contracts

Performance of Owner Equipment. The Contractor’s *** Performance Guarantees are based on the guaranteed performance of the Owner Equipment. Plant performance test results shall be corrected for *** shortfalls that are not attributable to ***. It will be the Contractor’s responsibility to test, document and verify any such claimed performance shortfall.

Appears in 2 contracts

Sources: Engineering, Procurement and Construction Agreement (Duke Energy CORP), Engineering, Procurement and Construction Agreement (Duke Energy Carolinas, LLC)

Performance of Owner Equipment. The Contractor’s Net *** Performance Guarantees are based on the guaranteed performance of the Owner Equipment. Plant performance test results shall be corrected for *** Owner Equipment performance shortfalls that are not attributable to ***Contractor responsibility. It will be the Contractor’s responsibility to test, document and verify any such claimed performance shortfall.

Appears in 1 contract

Sources: Engineering, Procurement and Construction Agreement (Duke Energy CORP)