ECONOMICS 847
4.5. The penalty that the contractor shall pay in the event that the utilities guarantee
is not met ,and the contractor elects not to modify the plant, shall be the difference
between the average daily aggregate cost of utilities for the best test run made under
Section 10.0, and the guaranteed daily cost of utilities in Section 4.1 herein multiplied
by 700.
5.0. Qualifications for guarantees
5.1. Notwithstanding any other sections or statements in this exhibit, the guarantees
in Sections 2.0 to 4.0 inclusive, above are subject to change if Licensor information,
data, or designs for the licensed units should be revised at any time so as to differ from
the Licensor’s information, data, or designs in the Contractor’s possession on –Date–,
or if licensed units require more utilities than specified by the aforesaid Licensor
information, data or designs.
5.2. In no event shall the contractor be liable for contingent or consequential damages,
including damages for loss of products or profit or for plant downtime.
6.0. Performance test procedures.
To determine whether the guarantees defined in Sections 2.0 to 4.0 are met, the
following test run procedure will be used:
6.1. The contractor will notify the owner in writing when the plants or any portion
thereof is ready for initial operation. Within 30 days thereafter, the owner will perform
a series of test runs unless delays are caused by deficiencies that are the contractor’s
responsibility. If the performance test run for the plants or any portion thereof is not
conducted by the owner within 30 days after notification by the contractor to owner
of availability for test run, it shall be conclusively presumed that the performance
guarantees have been met and that contractor’s obligations covered herein have been
satisfied and owner agrees to pay any sums due to the contractor as if the test runs
had been successfully met. The time of these test runs may be initiated at any hour of
day or night. Test periods shall be of 72 hr duration or less as mutually agreed upon
by owner and contractor and may be interrupted as follows:
6.1.1. For minor alterations, repairs, failure of feedstock, utility supply, or other
condition beyond the contractor’s reasonable control, each of which do not exceed
24 hr. the test run shall proceed promptly after the interruption and as soon as the
contractor deems the plant operation has leveled out. The sum of normal operating
periods before, between, and after such interruption shall be considered the required
test period when it totals 72 hr.
6.2. Owner shall be responsible for supplying all the necessary operating labor, feed
stocks, utilities, catalysts, chemicals, sampling laboratory analyses, and other supplies