Availability Adjustment Sample Clauses

Availability Adjustment. The applicable “
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Availability Adjustment. Each month during the Delivery Term, Seller shall ensure that the Storage Facility has an Monthly Actual Availability of no less than ninety-eight percent (98%) (the “Guaranteed Monthly Availability”). If the Storage Facility has Monthly Actual Availability less than the Guaranteed Monthly Availability during any month, then the Contract Price that would be owed to Seller for such month shall be adjusted as follows, after any adjustments have been made to the Contract Price due to the Guaranteed Round-Trip Efficiency Adjustment pursuant to Section 7.7(e) (the “Guaranteed Monthly Availability Adjustment”):‌ (i) If the Monthly Actual Availability is less than the Guaranteed Storage Availability, but greater than or equal to 70%, then the Contract Price for such month will equal the product of (i) the Contract Price multiplied by (ii) 100% - [(98% - Monthly Actual Availability) × 2]; and (ii) If the Monthly Actual Availability is less than 70%, then the Contract Price for such month will equal the product of (i) the Contract Price multiplied by (ii) 0.0%.
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Availability Adjustment. (i) During each month of the Delivery Term in which the Availability of the Units is less than the applicable Guaranteed Availability, the Availability Adjustment (“AA”), measured as a percentage, shall be determined as follows: For Summer Months: If Availability is greater than or equal to 98% but less than 99%, then AA=100%; if Availability is less than 98%, but not less than 70%, then AA = 100% - [(98% - Availability) x 2]; and if Availability is less than 70% then AA=0 For Non-Summer Months: If Availability is greater than or equal to 96%, then AA=100%; if Availability is less than 96%, but not less than 60%, then AA = 100% - [(96% - Availability) x 2]; and If Availability is less than 60%, then AA=0
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Availability Adjustment. The Availability Adjustment (“AA”), which is calculated as follows: (i) If the monthly storage availability is greater than or equal to the Guaranteed Storage Availability, then: AA = 100% (ii) If the monthly storage availability is less than the Guaranteed Storage Availability, but greater than or equal to 70%, then: AA = 100% - [(98% - monthly storage availability) × 2] (iii) If the monthly storage availability is less than 70%, then: AA = 0
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Availability Adjustment. If the Monthly Storage Capacity Availability during any month of the Delivery Period is less than the Guaranteed Storage Availability, the Monthly Storage Capacity Payment shall be multiplied by an Availability Adjustment (“Availability Adjustment” or “AA”) calculated as follows: If the Monthly Storage Capacity Availability is greater than or equal to the Guaranteed Storage Availability, then: AA = 100% If the Monthly Storage Capacity Availability is less than the Guaranteed Storage Availability, but greater than or equal to 70%, then: AA = The lesser of the Monthly Storage Capacity Availability or 100% - [(Guaranteed Storage Availability - Monthly Storage Capacity Availability) × 2] If the Monthly Storage Capacity Availability is less than 70%, then: AA = 0 Guaranteed Efficiency Rate: [__] percent ([__]%) for all Contract Years Minimum Efficiency Rate: Seventy percent (70%) for all Contract Years Storage Maximum Annual Throughput [XX] MWh per Contract Year.
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Availability Adjustment. Each Contract Month, the Capacity Charge will be adjusted to reflect the actual Availability delivered from the Portfolio. The Availability of the Portfolio shall be computed as follows: M Availability = [Sigma] Monthly Unit Capability units = 1 Original Sheet No. 61 Period Hours [Sigma] Hourly Contact Capacity hour = 1 Period Hours Fraction of
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Availability Adjustment. “Availability Adjustment” shall have the meaning set forth in Section 7(a).
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Availability Adjustment. The Availability Adjustment (“AA”) will be applied in calculating the Monthly Fixed Payment in accordance with Section 3.1(a). Section 3.3(b) contains the formula to calculate Availability. For each month of the Delivery Term, the Availability Adjustment is: For Summer Months: If Availability is greater than or equal to 98%, then AA=100%; If Availability is less than 98%, but not less than 70%, then AA = 100% - [(98% - Availability) × 2]; and If Availability is less than 70% then AA=0 For Non-Summer Months: If Availability is greater than or equal to 96%, then AA=100%; If Availability is less than 96%, but not less than 60%, then AA = 100% - [(96% - Availability) × 2]; and If Availability is less than 60%, then AA=0 (b) Calculation of Availability. (i) Seller shall calculate the availability of the Project in a given month using the formula set forth below (“Availability”): Availabilitym = [MNTHHRSm-MAINTHRSm-UNAVAILHRSm -UNAVAILPRODHRSm ] [MNTHHRSm-MAINTHRSm] where: m = relevant month “m” in which Availability is calculated. MNTHHRSm is the total number of hours for the month. MAINTHRSm is the total number of hours that the Project was unavailable to deliver Adjusted Duration Energy or unable to accept Charging Energy due to Excused Scheduled Maintenance Outages or Force Majeure declared by Seller during the month, provided that the number of MAINTHRS in a month due to Excused Scheduled Maintenance Outages may not exceed the maximum number of hours per year permitted for Excused Scheduled Maintenance Outages pursuant to Section 9.2(e)(ii) and the number of MAINTHRS in a month due to Force Majeure declared by Seller may not exceed the number of Excused Hours available to the Seller at the end of the applicable month. An Excused Scheduled Maintenance Outage or Force Majeure (declared by Seller) that results in partial Outage of the Project or occurs for less than a full hour will count as an equivalent percentage of the applicable hour(s) for this calculation. For example, if the Seller Notifies Buyer of a change in the Project’s Dmax that results in a reduction in Adjusted Duration Energy by ten percent (10%) for twenty
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Related to Availability Adjustment

  • Utility Adjustments DB Contractor shall not commence or permit or suffer commencement of construction of a Utility Adjustment included in the Construction Work until TxDOT issues NTP2, all of the conditions set forth in Section 4.4.1 that are applicable to the Utility Adjustment (reading such provisions as if they referred to the Utility Adjustment) have been satisfied, and the following additional requirements have been satisfied: (a) If applicable, the Alternate Procedure List has been approved by FHWA, and either the affected Utility or the Utility Owner is on the approved Alternate Procedure List, as supplemented. (b) The Utility Adjustment is covered by an executed Utility Agreement. (c) The review and comment process has been completed and any required approvals have been obtained for the Utility Assembly covering the Utility Adjustment.

  • Minimum Adjustment The adjustments required by the preceding sections of this Article IV shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that no adjustment of the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants that would otherwise be required shall be made unless and until such adjustment either by itself or with other adjustments not previously made increases or decreases by at least 1% the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount shall be carried forward and made as soon as such adjustment, together with other adjustments required by this Article IV and not previously made, would result in a minimum adjustment. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence. In computing adjustments under this Article IV, fractional interests in Common Stock shall be taken into account to the nearest one-hundredth of a share.

  • Cost of Living Adjustment For each year following the Initial Term, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent as previously provided in the Initial Term, the total fee for all services shall equal the fee that would be charged for the same services based on a fee rate (as reflected in a fee rate schedule) increased by the percentage increase for the twelve-month period of such previous calendar year of the CPI-W (defined below) or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to both parties. As used herein, “CPI-W” shall mean the Consumer Price Index for Urban Wage Earners and Clerical Workers (Area: Boston-Brockton-Nashua, MA-NH-ME-CT; Base Period: 1982-84=100), as published by the United States Department of Labor, Bureau of Labor Statistics.

  • Closing Availability After giving effect to all Borrowings to be made on the Effective Date and the issuance of any Letters of Credit on the Effective Date and payment of all fees and expenses due hereunder, and with all of the Loan Parties’ Indebtedness, the Borrowers’ Availability shall not be less than $500,000.

  • Rounding of Calculations; Minimum Adjustments All calculations under this Section 13 shall be made to the nearest one-tenth (1/10th) of a cent or to the nearest one- hundredth (1/100th) of a share, as the case may be. Any provision of this Section 13 to the contrary notwithstanding, no adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable shall be made if the amount of such adjustment would be less than $0.01 or one-tenth (1/10th) of a share of Common Stock, but any such amount shall be carried forward and an adjustment with respect thereto shall be made at the time of and together with any subsequent adjustment which, together with such amount and any other amount or amounts so carried forward, shall aggregate $0.01 or 1/10th of a share of Common Stock, or more.

  • Cost of Living Adjustments Effective December 1, 2021, Compensation Plan salary rates shall be increased by two and five tenths percent (2.5%) but not less than eighty-five dollars ($85) per month (prorated for part-time employees). Effective December 1, 2022, Compensation Plan salary rates shall be increased by three and one tenth percent (3.1%) but not less than one hundred dollars ($100) per month (prorated for part-time employees). (See Appendix C & E.)

  • 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.

  • 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.

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • 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.

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