Availability and Capacity Performance Sample Clauses

Availability and Capacity Performance. (a) The extent to which the Availability and Capacity Performance Standard has been achieved on any given Day shall be determined by reference to: (i) the Capacity Available for the Day (expressed in MTPA/Day); (ii) the amount of the LNG Production for the Day (expressed in MTPA/Day); and (iii) the Base Capacity or Pre-Appraisal Base Capacity (as applicable), in accordance with this Clause 13.8 (Availability and Capacity Performance). (b) The "Capacity Available" shall be an amount equal to the LNG Production (expressed in MTPA/Day), if: (i) the LNG Production for a Day is equal to or greater than the Base Capacity or Pre-Appraisal Base Capacity (as applicable); or (ii) the LNG Production for a Day is less than the Base Capacity or Pre-Appraisal Base Capacity (as applicable) as a result of the Owner's or the Operator's failure to take delivery of Feed Gas at the Feed Gas Receipt Point and/or failure to produce and store LNG, and there shall be an adjustment to the CE in accordance with Clauses 13.8(d)(i) and 13.8(d)(ii) (Availability and Capacity Performance). (c) If the LNG Production for a Day is less than the Base Capacity or Pre-Appraisal Base Capacity (as applicable) as a result of: (i) the Lessee's failure to deliver sufficient Feed Gas that meets the Feed Gas Specification to the Feed Gas Receipt Point; (ii) an LNG Buyer Failure; or (iii) a Suspension for Convenience during the Lease Period in accordance with Clause 23.1(b) (Suspension by Lessee), there shall be an adjustment to the CE in accordance with Clause 13.8(d)(iii) (Availability and Capacity Performance) and the "Capacity Available" shall be deemed to reflect Clause 13.8(d)(iii) (Availability and Capacity Performance). (d) The CE shall be adjusted as follows: (i) When Clause 13.8(b) (Availability and Capacity Performance) applies, if the Capacity Available for a Day is equal to or greater than the Base Capacity or Pre-Appraisal Base Capacity (as applicable), and the LNG Production for the Day is equal to or greater than the Base Capacity or Pre-Appraisal Base Capacity (as applicable), the CE to reflect the achievement of the Availability and Capacity Performance Standard for such Day shall be an amount determined as follows: Where: NSR is the Nominal Set Rate or Adjusted Nominal Set Rate (as applicable); CE is the applicable rate of CE; LP is the amount of the LNG Production for the Day (expressed in MTPA/Day); and BC is the Base Capacity or Pre-Appraisal Base Capacity (as applicable) of th...
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Related to Availability and Capacity Performance

  • FREQUENCY AND CAPACITY LEVELS No restriction on frequency, capacity or aircraft type.

  • Contract Capacity The electric power producing capability of the Generating Facility which is committed to Edison.

  • Benchmark Unavailability Period Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrower may revoke any pending request for a SOFR Borrowing of, conversion to or continuation of SOFR Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During a Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

  • Local Circuit Switching Capability, including Tandem Switching Capability 4.1.3.1 Definition 4.1.3.2 Notwithstanding BellSouth’s general duty to unbundle local circuit switching, BellSouth shall not be required to unbundle local circuit switching for <<customer_name>> when <<customer_name>> serves end-users with four (4) or more voice-grade (DS-0) equivalents or lines in locations served by BellSouth’s local circuit switches, which are in the following MSAs: Atlanta, GA; Miami, FL; Orlando, FL; Ft. Lauderdale, FL; Charlotte-Gastonia-Rock Hill, NC; Greensboro-Winston Salem-High Point, NC; Nashville, TN; and New Orleans, LA, and BellSouth has provided non-discriminatory cost based access to the Enhanced Extended Link (EEL) throughout Density Zone 1 as determined by NECA Tariff No. 4 as in effect on January 1, 1999. 4.1.3.3 In the event that <<customer_name>> orders local circuit switching for a single end user account name at a single physical end user location with four (4) or more 2-wire voice-grade loops from a BellSouth central office in an MSA listed above, BellSouth shall charge <<customer_name>> the market based rate in Exhibit C for use of the local circuit switching functionality for the affected facilities. 4.1.3.4 A featureless port is one that has a line port, switching facilities, and an interoffice port. A featured port is a port that includes all features then capable or a number of then capable features specifically requested by <<customer_name>>. Any features that are not currently then capable but are technically feasible through the switch can be requested through the NBR/BFR process. 4.1.3.5 BellSouth will provide to <<customer_name>> customized routing of calls: (i) to a requested directory assistance services platform; (ii) to an operator services platform pursuant to Section 10 of Attachment 2; (iii) for <<customer_name>>’s PIC’ed toll traffic in a two (2) PIC environment to an alternative OS/DA platform designated by <<customer_name>>. <<customer_name>> customers may use the same dialing arrangements as BellSouth customers. 4.1.3.6 Remote Switching Module functionality is included in Switching Capability. The switching capabilities used will be based on the line side features they support. 4.1.3.7 Switching Capability will also be capable of routing local, intraLATA, interLATA, and calls to international customer’s preferred carrier; call features (e.g. call forwarding) and Centrex capabilities. 4.1.3.8 Where required to do so in order to comply with an effective Commission order, BellSouth will provide to <<customer_name>> purchasing local BellSouth switching and reselling BellSouth local exchange service under Attachment 1, selective routing of calls to a requested directory assistance services platform or operator services platform. <<customer_name>> customers may use the same dialing arrangements as BellSouth customers, but obtain a <<customer_name>> branded service.

  • 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.

  • Authority and Capacity Contractor and Contractor’s signatory each warrant and represent that each has full authority and capacity to enter into this Contract.

  • Power and Capacity The Shareholder has the power, authority and capacity to enter into this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes the Shareholder’s valid, legal and binding obligation and is enforceable against the Shareholder in accordance with its terms, subject, however, as to enforcement, to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights;

  • 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.

  • 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.

  • Maximum Capacity The Sick Leave Bank shall accumulate unused Bank days from year to year to a maximum capacity which shall not exceed double the number of eligible employees as defined in the above Section C, Eligibility for Membership.

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