Performance warranty clause samples

“Minimum Power Product” means the aggregate Nameplate Capacity of the Bloom Systems in the Portfolio in kW for the applicable Power Performance Warranty Period multiplied by (1)eighty-five percent (85%) when this term is used for the One-Month Power Performance Warranty or (2)ninety-five percent (95%) when this term is used for the One-Year Power Performance Warranty. An example of a calculation of the Minimum Power Product is set forth in Appendix B.

Section2.6 Power Performance Warranty. During the Warranty Period, Operator shall determine (i)for each full calendar month (the “One-Month Power Performance Warranty Period”) within five (5)Business Days after the end of such month and (ii)for the most recent Look Back Period (the “One-Year Power Performance Warranty Period”, and, together with the One-Month Power Performance Warranty Period, each a “Power Performance Warranty Period”), whether the Bloom Systems in the Portfolio during such Power Performance Warranty Period have delivered to the Interconnection Point the Minimum kWh during such Power Performance Warranty Period (the “Power Performance Warranty”). If such Power Performance Warranty calculation indicates that the Actual kWh of the Bloom Systems was less than the Minimum kWh during such Power Performance Warranty Period, then Operator shall so notify Owner in writing of the basis of its determination and Owner may make a claim under Section2.5. An example of a Power Performance Warranty calculation for purposes of a Section2.5 claim is attached as Appendix D.

“Minimum Power Product” means the aggregate Nameplate Capacity of the Bloom Systems in the Portfolio in kW for the applicable Power Performance Warranty Period multiplied by (1)eighty-five percent (85%)when this term is used for the One-Month Power Performance Warranty or (2)ninety-five percent (95%)when this term is used for the One-Year Power Performance Warranty. An example of a calculation of the Minimum Power Product is set forth in Annex A.

Section8.7. Power Performance Warranty. During the Warranty Period, Seller shall determine (i)for each full calendar month (the “One-Month Power Performance Warranty Period”) within five (5) Business Days after the end of such month and (ii)for the most recent Look Back Period (the “One-Year Power Performance Warranty Period” and, together with the One-Month Power Performance Warranty Period, each a “Power Performance Warranty Period”), whether the Bloom Systems in the Portfolio during such Power Perf01:mance Warranty Period have delivered to the Interconnection Point the Minimum kWh during such Power Performance Warranty Period (the “Power Performance Warranty”). If such Power Performance Warranty calculation indicates that the Actual kWh of the Bloom Systems was less than the Minimum kWh during the applicable Power Performance Warranty Period, then Seller shall so notify Buyer in writing of the basis of its determination and Buyer may make a claim under Section8.3. An example of a Power Performance Warranty calculation for purposes of a Section8.3 claim is attached as Annex C.

One-Month Power Performance Warranty. In the case of PPA II, we also warrant that the PPA II portfolio of Energy Servers will generate a minimum amount of electricity in each calendar month, and we are obligated to repair or replace Energy Servers that fail to satisfy this warranty. If we determine that a repair or replacement is not feasible, we are obligated to repurchase such Energy Servers at the original purchase price. During the period from September 2010 to June30, 2016, no Energy Servers have been repurchased pursuant to a One-Month Power Performance Warranty.

Quarterly Power Performance Warranty. In the cases of PPA IIIa, PPA IIIb, PPA IV and PPA V, we also warrant to the applicable PPA entity that the applicable PPA portfolio of Energy Servers will generate a minimum amount of electricity in each calendar quarter, and we are obligated to repair or replace Energy Servers that fail to satisfy this warranty. If we determine that a repair or replacement is not feasible, we are obligated to repurchase such Energy Servers at the original purchase price, subject to adjustment for depreciation. In addition, we are obligated to make a payment to the applicable PPA entity to make the PPA entity whole for lost revenues resulting from the shortfall below the warranted level, and such liability is generally uncapped. If we fail to make any such warranty payments if and when due, then the applicable PPA entity may elect to require us to repurchase Energy Servers that fail such warranty at the original purchase price, subject to adjustment for depreciation. During the period from September 2010 to June30, 2016, no Energy Servers have been repurchased pursuant to a Quarterly Power Performance Warranty, and we have made payments in the aggregate amount of $0.2 million pursuant to Quarterly Power Performance Warranties.

11.3. Limited Performance Warranty. The Developer warrants that, for a period of PERFORMANCE WARRANTY PERIOD starting on the date of delivery OR installation of the Software, the Software will perform substantially in accordance with the functional specifications set forth in the documentation, but only if the Software is installed and operated in accordance with the Developer’s documentation and other instructions.

8.1. Limited Performance Warranty. Company warrants that the Platform will perform substantially as demonstrated in the Demonstration Version and will be free of material errors or defects, and that all Services will be performed in a good and workmanlike manner. In the event Customer believes that Company is in violation of this limited performance warranty, Customer shall notify Company and Company shall use reasonable commercial efforts to correct any error or defect.

Lease agreements require the Partnership to undertake a system output performance warranty. The Partnership has recorded in “Accounts payable and other current liabilities” amounts related to these system output performance warranties totaling $0.1 million and $0.2 million as of May 31, 2016 and November 30, 2015, respectively. The Partnership has also recorded in “Other current assets” amounts of $0.1 million and $0.2 million as of May 31, 2016 and November 30, 2015, respectively, relating to anticipated performance warranty reimbursements from the O&M provider.

1.Limited Media Warranty. The Developer warrants that, for a period of 60 days following the termination of this agreement the Developer will be able to provide the Customer with a copy of the Software’s source code via Internet file transfer as soon as practicable and when given written notice. Developer will not retain any copies of the source code or any confidential information following the expiration or earlier termination of this agreement. 2.Limited Support Warranty. For a period of 60 days following the delivery OR installation of the Software, the Developer shall perform its maintenance and support services consistent with generally accepted industry standards, but only if the Software is installed and operated in accordance with the Developer’s documentation and written other instructions. 3.Limited Performance Warranty. The Developer warrants that, for a period of 60 days starting on the date of delivery OR installation of the Software, the Software will perform in accordance with the functional Specifications set forth in the documentation, but only if the Software is installed and operated in accordance with the Developer’s documentation and other written instructions. 4.Disclaimer. The Developer does not warrant that the functions contained in the Software will meet the Licensee’s requirements or operate in the combination desired by the Licensee, or that the Software’s operation will be uninterrupted or error free. The Developer does not make and will not be liable for any warranties other than those expressly included in this agreement.

7.1 Performance Warranty. Todos warrants that for a period of one (1) year from the date of delivery of each Product to the Reseller, the Product, except for those components that have a shorter expiration date as set forth on Exhibit A, shall perform substantially in accordance with the Product’s documentation and specifications, and shall be free from all defects in materials, manufacture, and workmanship. Todos shall correct or repair any reported non-conformity or defect, or replace the non-conforming Product with a Product that conforms to this warranty.

7.3 Performance Warranty. Partner represents and warrants that the Software, as delivered, will be free from material defects. In the event Lenovo discovers that the Software fails to conform with the foregoing warranty, Lenovo shall promptly notify Partner and provide Partner with all available information in written or electronic form so that Partner can verify such non-conformance. Lenovo’s sole remedy and Partner’s sole obligation with respect to a breach of this Section7.3 shall be to undertake reasonable commercial efforts to repair or replace the Software in order to correct such non-conformance.

10.5 Performance Warranty. Each Party hereby acknowledges and agrees that it shall be responsible for the full and timely performance as and when due under, and observance of all the covenants, terms, conditions and agreements set forth in, this Agreement by its Affiliate(s) and, as applicable, sublicensees.

10.6 Performance Warranty. Each Party hereby acknowledges and agrees that it shall be responsible for the full and timely performance as and when due under, and observance of all the covenants, terms, conditions and agreements set forth in this, Agreement by its Affiliate(s), licensees and sublicensees.