Acknowledgment of Uncertainties. The Parties acknowledge the inherent uncertainty in the calculation of the Availability Factor and the Measured Performance Ratio. Both Parties hereby assume the risk of such uncertainties and hereby waive any right to dispute: the appropriateness of any of the Availability Benchmark, the Availability Factor or the methodology specified in this Agreement for the calculation of the Availability Factor; and the appropriateness of any of the GPR Benchmark, the Measured Performance Ratio or the methodology specified in this Agreement for the calculation of the Measured Performance Ratio.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Acknowledgment of Uncertainties. The Parties acknowledge the inherent uncertainty in the calculation of the Availability Factor and the Measured Performance Ratio. Both Parties hereby assume the risk of such uncertainties and hereby waive any right to dispute: dispute:
(i) the appropriateness of any of the Availability Benchmark, the Availability Factor or the methodology specified in this Agreement for the calculation of the Availability Factor; and and
(ii) the appropriateness of any of the GPR Benchmark, the Measured Performance Ratio or the methodology specified in this Agreement for the calculation of the Measured Performance Ratio.Ratio.
Appears in 1 contract
Samples: Power Purchase Agreement
