Common use of Availability Adjustment Clause in Contracts

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

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 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, measured as a percentage, shall be determined as followsthe Availability Adjustment is: For Summer Months: If Availability is greater than or equal to 98% but less than 99%, then AA=100%; if If Availability is less than 98%, but not less than 70%, then AA = 100% - [(98% - Availability) x × 2]; and if 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 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=0AA=0 (b) Calculation of Availability.

Availability Adjustment. The Availability Adjustment (i“AA”) During 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 in which the Availability of the Units is less than the applicable Guaranteed AvailabilityTerm, the Availability Adjustment (“AA”), measured as a percentage, shall be determined as follows) is: For Summer Months: If Availability is greater than or equal to 98% but less than 99%, then AA=100%; if If Availability is less than 98%, but not less than 70%, then AA = 100% - [(98% - Availability) x × 2]; and if 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 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