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)
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/)
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/)