Utility Consumption. Should during the performance test run (*** hours) the plant does not reach the contracted and guaranteed parameters for consumption of the following, – Total electrical power – Total process water – Total process steam – Total phosphoric acid – Total sodium hydroxide the SELLER has to pay liquidated damages (penalties) as follows: In case of higher consumption figures for the above mentioned utilities over a tolerance of ***% (valid for each of the above mentioned utilities), and as stated below, the SELLER shall pay to the BUYER liquidated damages. The value of these liquidated damages shall be calculated as the absolute total extra costs related to one year operation. The liquidated damages shall be paid as one single payment only. If the consumption figures in aggregate are favorable to the BUYER, then SELLER will be paid ***% of this annual savings as a “Performance Bonus” The costs for increased consumption and the profit for decreased consumption of the above listed utilities shall be balanced against each other. The cost of these individual materials and utilities on a per unit basis will be agreed to by both SELLER and BUYER prior to the test. *** Confidential material redacted and filed separately with the Commission. Only when this balance calculation results in extra costs, the BUYER shall have the right to claim from the SELLER the payment of those extra costs related to one year of operation as liquidated damages. In order to calculate the costs, the actual market prices for the utilities on the day of the performance test shall be used. The costs for increased consumption and the profit for decreased consumption of utilities or a higher production rate of refined oil can be balanced against each other. The total amount of liquidated damages to be paid by the SELLER to the BUYER for deficiency in processing capacity and in utility consumption is limited to a maximum amount of ***% of the total contract price. If the SELLER has paid liquidated damages according to this Addendum to the BUYER, or in case a successful Performance Test Run should not be possible due to reasons not attributable to the SELLER within *** months after the completion of erection, latest however within *** months after the Beginning of Performance of the Contract, the plant shall be considered as accepted and the Acceptance Certificate shall be issued. The Acceptance Certificate will have to be signed in all of before mentioned cases within *** days.
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Utility Consumption. Should during the performance test run (*** 48 hours) the plant does not reach the contracted and guaranteed parameters for consumption of the following, – Total electrical power – Total process water – Total process steam – Total phosphoric acid – Total sodium hydroxide the SELLER has to pay liquidated damages (penalties) as follows: In case of higher consumption figures for the above mentioned utilities over a tolerance of ***+/-5% (valid for each of the above mentioned utilities), and as stated below, the SELLER shall pay to the BUYER liquidated damages. The value of these liquidated damages shall be calculated as the absolute total extra costs related to one year operation. The liquidated damages shall be paid as one single payment only. If the consumption figures in aggregate are favorable to the BUYER, then SELLER will be paid ***50% of this annual savings as a “Performance Bonus” The costs for increased consumption and the profit for decreased consumption of the above listed utilities shall be balanced against each other. The cost of these individual materials and utilities on a per unit basis will be agreed to by both SELLER and BUYER prior to the test. *** Confidential material redacted and filed separately with the Commission. Only when this balance calculation results in extra costs, the BUYER shall have the right to claim from the SELLER the payment of those extra costs related to one year of operation as liquidated damages. In order to calculate the costs, the actual market prices for the utilities on the day of the performance test shall be used. The costs for increased consumption and the profit for decreased consumption of utilities or a higher production rate of refined oil can be balanced against each other. The total amount of liquidated damages to be paid by the SELLER to the BUYER for deficiency in processing capacity and in utility consumption is limited to a maximum amount of ***5% of the total contract price. If the SELLER has paid liquidated damages according to this Addendum to the BUYER, or in case a successful Performance Test Run should not be possible due to reasons not attributable to the SELLER within *** six (6) months after the completion of erection, latest however within *** 22 months after the Beginning of Performance of the Contract, the plant shall be considered as accepted and the Acceptance Certificate shall be issued. The Acceptance Certificate will have to be signed in all of before mentioned cases within *** five (5) days.
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