Legal Disclaimer: This document is a starting-point template only. It does not constitute legal advice, and no attorney-client relationship is created by your use of this site. Consult a licensed attorney in the relevant jurisdiction before execution.
Performance Guarantee Criteria Exhibit for Design-Build Agreement (Ethanol Plant)
Confidential -- For Preview Purposes Only
Performance Guarantee Criteria Exhibit for Design-Build Agreement (Ethanol Plant) - attorney-drafted template. Party names and deal-specific details have been replaced with neutral placeholders. Review before use.
Exhibit A
to
Agreement Between Owner and Design/Builder
On the Basis of a Stipulated Price
PERFORMANCE GUARANTY CRITERIA
Performance Guarantee Criteria
DESIGN/BUILDER guarantees to OWNER that the completed Project will achieve each of the following performance criteria:. Prior to final payment under paragraph 13.08 of the General Conditions, DESIGN/BUILDER shall commission the plant and conduct a seven-day performance test to establish compliance with each of the performance criteria except the atmospheric emissions. Compliance shall be measured simultaneously for all criteria, and computed on the average over the seven-day performance test. If the Project fails to reach any performance criterion, then DESIGN/BUILDER shall (at no additional cost to OWNER) make such changes in design, construction, or equipment as required to meet the criterion, and conduct another seven day performance test.
Table 1 Ethanolethanol plant criteria -- 40 mmgyMGY capacity
Criteria
Specification
Testing Statement
Documentation
Plant Capacity - fuel-grade ethanol
Operate at a rate of 40 million gallons per year of denatured fuel grade ethanol meeting the specifications of ASTM 4806
+6 more pages
Sign in for full preview, or purchase to download
Performance Guarantee Criteria Exhibit for Design-Build Agreement (Ethanol Plant)
Construction Agreements