Reliability Requirement; Minimum Performance. As a condition precedent to Final Completion, Contractor shall perform the Work with the objective that the Project, under normal operating conditions as prescribed in the O&M Manual, can be reliably operated in accordance with the “Reliability Requirement” as defined in Appendix C (the “Reliability Requirement”); provided, however, that Contractor shall demonstrate, at a minimum, reliable operation of the Project at * percent (*%) of such level (the “Minimum Reliability Requirement”). Contractor shall pay Owner the Buy Down Amount in respect of failure to achieve the full Reliability Requirement as provided in Section 8.4.
Appears in 2 contracts
Sources: Engineering, Procurement and Construction Agreement (Ada-Es Inc), Engineering, Procurement and Construction Agreement (Ada-Es Inc)