Guaranteed Performance Levels definition
Examples of Guaranteed Performance Levels in a sentence
Lessor shall schedule and perform required Testing, including with respect to the Guaranteed Performance Levels, in accordance with Article 4 of the Facility Lease.
Lessor agrees to use commercially reasonable efforts to achieve the Guaranteed Performance Levels as set forth in Schedule 4.5 by the Scheduled Commercial Operation Date.
The Works shall be free of all Defects in materials and workmanship and shall be adequate, stable, safe and strictly compliant with the instructions of Employer/ Employer’s Engineer, the Drawings and Designs, the Specifications and Good Industry Practice, such that the project when complete shall be capable of meeting the Guaranteed Performance Levels.
The parties understand and agree that the Contractor’s obligations to achieve Guaranteed Performance Levels with respect to emissions and noise (see Sections 11.04(f) and 11.04(g)) are not subject to Performance Liquidated Damages and must be achieved no later than one hundred eighty (180) days after the Guaranteed Substantial Completion Date (as may be extended under the terms of this Agreement), subject to the limitations of liability set forth in Article XVIII.
If Contractor elects to accept liquidated damages for certain performance guarantees pursuant to Section 11.05 in lieu of achieving Guaranteed Performance Levels, Contractor may submit proposed Final Acceptance Certificate in accordance with Section 10.06 no later than one hundred eighty (180) days after the Guaranteed Substantial Completion Date (as may be extended under the terms of this Agreement) and pay the applicable liquidated damages.