Actual Availability. The Capacity Charge adjustment is to be calculated for each respective month based upon the Actual Availability of the Seller’s Facility being no less than ninety percent (90%) for the 1st and 2nd Seasons and no less than ninety-five percent (95%) during the 3rd Season. If during the applicable Season the Seller's Facility fails to achieve such respective levels of availability, an adjustment to the Capacity Charge will be made to the Season, calculated as follows: (1) For each Season, “Actual Availability” shall be equal to (i) the sum of (A) the Available Energy received by Buyer during such Season, plus (B) the Replacement Energy received by Buyer during such Season, plus (C) Available Energy and Replacement Energy scheduled, but not received by Buyer due to Uncontrollable Forces affecting Buyer or for any reason attributable to Buyer for such Season, plus (D) the sum of the Contract Capacity Quantity for all the On-Peak Availability Hours for such Season that Buyer did not timely exercise its call option, plus (E) the sum of the Available Energy for such Season that Buyer did not timely schedule after properly exercising its call option, plus (F) the sum of the Available Energy supplied pursuant to ERCOT ISO directives that otherwise would have been delivered to Buyer, plus (G) the sum of all megawatthours that liquidated damages were paid by Seller pursuant to Section 14 for non-delivery of Available Energy; divided by (ii) the Contract Capacity Quantity multiplied by all of the On-Peak Availability Hours in such Season, expressed as a percentage. If Actual Availability is less than 90% for the 1st or 2nd Seasons or 95% for the 3rd Season, the sum of the Capacity Charges within the applicable Season will be reduced by the capacity charge adjustment for such Season to be calculated as (i) the positive difference, if any, of (A) 90% or 95%, as applicable for such Season, minus (B) the Actual Availability for such Season, multiplied by (ii) the product of the Contract Capacity and the On-Peak Availability Hours pertaining to such Season, multiplied by (iii) the Capacity Adjustment Rate (in $/MWh) as set forth on the Confirmation. An example of the Actual Availability and capacity charge reduction calculations may be attached by the Parties as an exhibit to this Agreement, which shall form a part of this Agreement only if initialed by both Parties hereto. In no event shall the reduction as to any Season exceed 100% of the sum of the Capacity Charges withi...

Actual Availability. Outages due to force majeure (e.g. strike, civil unrest, natural disasters, epidemics) are not taken into consideration for purposes of calculating the actually reached availability of the Service ("Actual Availability"). Further, suspensions of the Service by valantic which valantic may deem necessary for security reasons are not taken into consideration if valantic had taken adequate measures to ensure security of the Service (e.g. denial of service attacks, grave security gaps in a used third party software without available patch).

Actual Availability the number of minutes the Service was actually availa-ble during a certain period.

Actual Availability the actual realised degree of availability of the Service.

Actual Availability. Actual Availability is the total number of minutes during the month that the Campus Pack Services was available to Subscriber and Subscriber’s Individual Users.

Related to Actual Availability

RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.
General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.
Excess Availability Borrowers shall have Excess Availability at all times of at least (i) as of any date of determination during the period from July 25, 2016 through and including August 29, 2016, $10,000,000, (ii) as of any date of determination during the period from August 30, 2016 through and including October 17, 2016, $13,000,000, (iii) as of any date of determination during the period from October 18, 2016 through and including October 31, 2016, $17,500,000, and (iv) as of any date of determination during the period from November 1, 2016 through and including December 31, 2016, $20,000,000.
Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.
EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.
High Availability Registry Operator will conduct its operations using network and geographically diverse, redundant servers (including network-‐level redundancy, end-‐node level redundancy and the implementation of a load balancing scheme where applicable) to ensure continued operation in the case of technical failure (widespread or local), or an extraordinary occurrence or circumstance beyond the control of the Registry Operator. Registry Operator’s emergency operations department shall be available at all times to respond to extraordinary occurrences.
FUNDING AVAILABILITY This Contract is contingent upon the continued availability of funding. If funds become unavailable through the lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidation or any other disruptions of current appropriations, DFPS will reduce or terminate this Contract.
System Availability Although we will try to provide continuous access to the Service, we cannot and do not guarantee that the Service will be available 100% of the time and will not be liable in the event Service is unavailable. Actual service or network performance is dependent on a variety of factors outside of our control. If you notify us within twenty-four (24) hours and we confirm an outage consisting of a period of two (2) hours in any calendar month, and not due to any service, act, or omission of you, a third party, your applications, equipment or facilities, or reasons outside of our control, you shall be eligible for a service credit. A service credit shall be computed as a pro-rated charge for one day of the regular monthly fees for the Service in the next monthly statement. Intermittent service outages for periods of less than two (2) hours are not considered service outages. Outages caused by routine scheduled maintenance are also not considered an outage. You shall receive advance notice no less than forty-eight (48) hours in advance of our scheduled maintenance. Scheduled maintenance will be performed between 12:00 a.m. and 6:00 a.m. CST.
Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.
Closing Availability After giving effect to all Borrowings to be made on the Effective Date, the issuance of any Letters of Credit on the Effective Date and the payment of all fees and expenses due hereunder, and with all of the Loan Parties’ Indebtedness, liabilities, and obligations current, Availability shall not be less than $20,000,000.

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