Common use of Availability Adjustment to Capacity Charge Clause in Contracts

Availability Adjustment to Capacity Charge. From and after the Commercial Operations Date, if the Facility does not achieve the Guaranteed Summer Super Peak Availability, Guaranteed Summer Partial Peak Availability or the Guaranteed Non-Summer On Peak Availability, as measured by Equivalent Availability in accordance with Appendix E, Seller shall be subject to the application of an Availability Adjustment as liquidated damages as provided in this Section 7.1.3.

Appears in 2 contracts

Samples: Power Sales Agreement (Aquila Inc), Power Sales Agreement (Aquila Inc)

AutoNDA by SimpleDocs

Availability Adjustment to Capacity Charge. From and after ------------------------------------------ the Commercial Operations Date, if the Facility does not achieve the Guaranteed Summer Super Peak Availability, Guaranteed Summer Partial Peak Availability or the Guaranteed Non-Summer On Peak Availability, as measured by Equivalent Availability in accordance with Appendix E, Seller shall be ---------- subject to the application of an Availability Adjustment as liquidated damages as provided in this Section 7.1.3.

Appears in 1 contract

Samples: Power Sales Agreement (Dominion Resources Inc /Va/)

AutoNDA by SimpleDocs

Availability Adjustment to Capacity Charge. From and ------------------------------------------ after the Commercial Operations Date, if the Facility does not achieve the Guaranteed Summer Super Peak Availability, Guaranteed Summer Partial Peak Availability or the Guaranteed Non-Summer On Peak Availability, as measured by Equivalent Availability in accordance with Appendix E, Seller shall be ---------- subject to the application of an Availability Adjustment as liquidated damages as provided in this Section 7.1.3.

Appears in 1 contract

Samples: Power Sales Agreement (Dominion Resources Inc /Va/)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!