Common use of Availability Declaration Clause in Contracts

Availability Declaration. The Seller shall provide to NamPower in writing for each Contract Year (after taking into consideration Scheduled Plant Outages), by no later than 30 (thirty) days prior to the 1 January of the ensuing Contract Year to which the forecast relates, the forecast level of generation of the Net Energy for each Contract Year in such format as may be prescribed by NamPower from time to time (the “Availability Declaration”). For the first Contract Year, the Seller shall provide NamPower with an Availability Declaration thirty (30) days prior to the Commercial Operation Date. In the event that the Seller fails to provide the Availability Declaration for a Contract Year, then the last Availability Declaration provided by the Seller in accordance with Clause 12.2.1 above shall be deemed to be the Availability Declaration for such Contract Year. Subject to the terms and conditions of this Agreement, the Seller shall declare the Power Plant available for generation of Net Energy except: for reasons of Scheduled Plant Outages or Unscheduled Plant Outages; or where to do so would not be in accordance with the standards of a Reasonable and Prudent Operator; or in circumstances relating to safety (of either a personnel or the Power Project or apparatus); or to the extent of any illegality, in circumstances where to do so would be unlawful; or for reasons of Force Majeure; or in any other circumstances, with NamPower’s approval. The Availability Declaration and all generation forecasts are indicative only, and deviations shall not be regarded as a breach of contract. The Seller shall sell, and the Buyer shall purchase, all the Energy generated by the Power Plant. Other relevant data So far as possible, by 30 (thirty) days before each anniversary of the Commercial Operation Date, the Seller shall submit to NamPower in written form details of any material factors which in the reasonable opinion of the Seller may have a material effect on the ability of the Power Plant to produce Net Energy. Further revisions The Seller shall, as soon as is reasonably practicable, make revisions to the Availability Declaration submitted to NamPower should circumstances affecting the operation of the Power Plant or its operating characteristics change at any time. Should circumstances change such that the original or the current Availability Declaration is no longer a reasonable estimate made in good faith, the Seller must, as soon as is reasonably practicable: make revisions to the data submitted to NamPower under Clause 12.2 (Availability Declaration) and Clause 12.3 (Other relevant data); notify NamPower of any revisions to any previously submitted data; and notify NamPower of any special factors of which it becomes aware.

Availability Declaration. The Seller shall provide to NamPower in writing for each Contract Year (after taking into consideration Scheduled Plant Outages), by no later than 30 (thirty) days prior to the 1 January of the ensuing Contract Year to which the forecast relates, the forecast level of generation of the Net Energy for each Contract Year in such format as may be prescribed by NamPower from time to time (the “Availability Declaration”). For the first Contract Year, the Seller shall provide NamPower with an Availability Declaration thirty (30) days prior to the Commercial Operation Date. In the event that the Seller fails to provide the Availability Declaration for a Contract Year, then the last Availability Declaration provided by the Seller in accordance with Clause 12.2.1 above shall be deemed to be the Availability Declaration for such Contract Year. Subject to the terms and conditions of this Agreement, the Seller shall declare the Power Plant available for generation of Net Energy except: for reasons of Scheduled Plant Outages or Unscheduled Plant Outages; or where to do so would not be in accordance with the standards of a Reasonable and Prudent Operator; or in circumstances relating to safety (of either a personnel or the Power Project or apparatus); or to the extent of any illegality, in circumstances where to do so would be unlawful; or for reasons of Force Majeure; or in any other circumstances, with NamPower’s approval. The Except in respect to Daily Generation Forecasts, the Availability Declaration and all other generation forecasts are indicative only, and deviations shall not be regarded as a breach of contract. The Seller shall sell, and the Buyer shall purchase, all the Energy generated by the Power Plant. Other relevant data So far as possible, by 30 (thirty) days before each anniversary of the Commercial Operation Date, the Seller shall submit to NamPower in written form details of any material factors which in the reasonable opinion of the Seller may have a material effect on the ability of the Power Plant to produce Net Energy. Further revisions The Seller shall, as soon as is reasonably practicable, make revisions to the Availability Declaration submitted to NamPower should circumstances affecting the operation of the Power Plant or its operating characteristics change at any time. Should circumstances change such that the original or the current Availability Declaration is no longer a reasonable estimate made in good faith, the Seller must, as soon as is reasonably practicable: make revisions to the data submitted to NamPower under Clause 12.2 (Availability Declaration) and Clause 12.3 (Other relevant data); notify NamPower of any revisions to any previously submitted data; and notify NamPower of any special factors of which it becomes aware.

Availability Declaration. The Seller shall provide to NamPower in writing for each Contract Year (after taking into consideration Scheduled Plant Outages), by no later than 30 (thirty) days prior to the 1 January of the ensuing Contract Year to which the forecast relates, the forecast level of generation of the Net Energy for each Contract Year in such format as may be prescribed by NamPower from time to time (the “Availability Declaration”). For the first Contract Year, the Seller shall provide NamPower with an Availability Declaration thirty (30) days prior to the Commercial Operation Date. In the event that the Seller fails to provide the Availability Declaration for a Contract Year, then the last Availability Declaration provided by the Seller in accordance with Clause 12.2.1 above shall be deemed to be the Availability Declaration for such Contract Year. Subject to the terms and conditions of this Agreement, the Seller shall declare the Power Plant available for generation of Net Energy except: for reasons of Scheduled Plant Outages or Unscheduled Plant Outages; or where to do so would not be in accordance with the standards of a Reasonable and Prudent Operator; or in circumstances relating to safety (of either a personnel or the Power Project or apparatus); or to the extent of any illegality, in circumstances where to do so would be unlawful; or for reasons of Force Majeure; or in any other circumstances, with NamPowerXxxXxxxx’s approval. The Except in respect to Daily Generation Forecasts, the Availability Declaration and all other generation forecasts are indicative only, and deviations shall not be regarded as a breach of contract. The Seller shall sell, and the Buyer shall purchase, all the Energy generated by the Power Plant. Other relevant data So far as possible, by 30 (thirty) days before each anniversary of the Commercial Operation Date, the Seller shall submit to NamPower in written form details of any material factors which in the reasonable opinion of the Seller may have a material effect on the ability of the Power Plant to produce Net Energy. Further revisions The Seller shall, as soon as is reasonably practicable, make revisions to the Availability Declaration submitted to NamPower should circumstances affecting the operation of the Power Plant or its operating characteristics change at any time. Should circumstances change such that the original or the current Availability Declaration is no longer a reasonable estimate made in good faith, the Seller must, as soon as is reasonably practicable: make revisions to the data submitted to NamPower under Clause 12.2 (Availability Declaration) and Clause 12.3 (Other relevant data); notify NamPower of any revisions to any previously submitted data; and notify NamPower of any special factors of which it becomes aware.

Availability Declaration. The Seller shall provide to NamPower in writing for each Contract Year (after taking into consideration Scheduled Plant Outages), by no later than 30 (thirty) days prior to the 1 January of the ensuing Contract Year to which the forecast relates, the forecast level of generation of the Net Energy for each Contract Year in such format as may be prescribed by NamPower from time to time (the “Availability Declaration”). For the first Contract Year, the Seller shall provide NamPower with an Availability Declaration thirty (30) days prior to the Commercial Operation Date. In the event that the Seller fails to provide the Availability Declaration for a Contract Year, then the last Availability Declaration provided by the Seller in accordance with Clause 12.2.1 above shall be deemed to be the Availability Declaration for such Contract Year. Subject to the terms and conditions of this Agreement, the Seller shall declare the Power Plant available for generation of Net Energy except: for reasons of Scheduled Plant Outages or Unscheduled Plant Outages; or where to do so would not be in accordance with the standards of a Reasonable and Prudent Operator; or in circumstances relating to safety (of either a personnel or the Power Project or apparatus); or to the extent of any illegality, in circumstances where to do so would be unlawful; or for reasons of Force Majeure; or in any other circumstances, with NamPowerXxxXxxxx’s approval. The Availability Declaration and all generation forecasts are indicative only, and deviations shall not be regarded as a breach of contract. The Seller shall sell, and the Buyer shall purchase, all the Energy generated by the Power Plant. Other relevant data So far as possible, by 30 (thirty) days before each anniversary of the Commercial Operation Date, the Seller shall submit to NamPower in written form details of any material factors which in the reasonable opinion of the Seller may have a material effect on the ability of the Power Plant to produce Net Energy. Further revisions The Seller shall, as soon as is reasonably practicable, make revisions to the Availability Declaration submitted to NamPower should circumstances affecting the operation of the Power Plant or its operating characteristics change at any time. Should circumstances change such that the original or the current Availability Declaration is no longer a reasonable estimate made in good faith, the Seller must, as soon as is reasonably practicable: make revisions to the data submitted to NamPower under Clause 12.2 (Availability Declaration) and Clause 12.3 (Other relevant data); notify NamPower of any revisions to any previously submitted data; and notify NamPower of any special factors of which it becomes aware.

Availability Declaration. The Seller shall provide to NamPower in writing for each Contract Year (after taking into consideration Scheduled Plant Outages), by no later than 30 (thirty) days prior to the 1 January of the ensuing Contract Year to which the forecast relates, the forecast level of generation of the Net Energy for each Contract Year in such format as may be prescribed by NamPower from time to time (the “Availability Declaration”). For the first Contract Year, the Seller shall provide NamPower with an Availability Declaration thirty (30) days prior to the Commercial Operation Date. In the event that the Seller fails to provide the Availability Declaration for a Contract Year, then the last Availability Declaration provided by the Seller in accordance with Clause 12.2.1 above shall be deemed to be the Availability Declaration for such Contract Year. Subject to the terms and conditions of this Agreement, the Seller shall declare the Power Plant available for generation of Net Energy except: for reasons of Scheduled Plant Outages or Unscheduled Plant Outages; or where to do so would not be in accordance with the standards of a Reasonable and Prudent Operator; or in circumstances relating to safety (of either a personnel or the Power Project or apparatus); or to the extent of any illegality, in circumstances where to do so would be unlawful; or for reasons of Force Majeure; or in any other circumstances, with NamPowerXxxXxxxx’s approval. The Except expressly provided for in this Agreement, the Availability Declaration and all generation forecasts are indicative only, and deviations shall not be regarded as a breach of contract. The Seller shall sell, and the Buyer shall purchase, all the Energy generated by the Power Plant. Other relevant data So far as possible, by 30 (thirty) days before each anniversary of the Commercial Operation Date, the Seller shall submit to NamPower in written form details of any material factors which in the reasonable opinion of the Seller may have a material effect on the ability of the Power Plant to produce Net Energy. Further revisions The Seller shall, as soon as is reasonably practicable, make revisions to the Availability Declaration submitted to NamPower should circumstances affecting the operation of the Power Plant or its operating characteristics change at any time. Should circumstances change such that the original or the current Availability Declaration is no longer a reasonable estimate made in good faith, the Seller must, as soon as is reasonably practicable: make revisions to the data submitted to NamPower under Clause 12.2 (Availability Declaration) and Clause 12.3 (Other relevant data); notify NamPower of any revisions to any previously submitted data; and notify NamPower of any special factors of which it becomes aware.

Availability Declaration. The Seller shall provide to NamPower in writing for each Contract Year (after taking into consideration Scheduled Plant Outages), by no later than 30 (thirty) days prior to the 1 January of the ensuing Contract Year to which the forecast relates, the forecast level of generation of the Net Energy for each Contract Year in such format as may be prescribed by NamPower from time to time (the “Availability Declaration”). For the first Contract Year, the Seller shall provide NamPower with an Availability Declaration thirty (30) days prior to the Commercial Operation Date. In the event that the Seller fails to provide the Availability Declaration for a Contract Year, then the last Availability Declaration provided by the Seller in accordance with Clause 12.2.1 above shall be deemed to be the Availability Declaration for such Contract Year. Subject to the terms and conditions of this Agreement, the Seller shall declare the Power Plant available for generation of Net Energy except: for reasons of Scheduled Plant Outages or Unscheduled Plant Outages; or where to do so would not be in accordance with the standards of a Reasonable and Prudent Operator; or in circumstances relating to safety (of either a personnel or the Power Project or apparatus); or to the extent of any illegality, in circumstances where to do so would be unlawful; or for reasons of Force Majeure; or in any other circumstances, with NamPower’s approval. The Except expressly provided for in this Agreement, the Availability Declaration and all generation forecasts are indicative only, and deviations shall not be regarded as a breach of contract. The Seller shall sell, and the Buyer shall purchase, all the Energy generated by the Power Plant. Other relevant data So far as possible, by 30 (thirty) days before each anniversary of the Commercial Operation Date, the Seller shall submit to NamPower in written form details of any material factors which in the reasonable opinion of the Seller may have a material effect on the ability of the Power Plant to produce Net Energy. Further revisions The Seller shall, as soon as is reasonably practicable, make revisions to the Availability Declaration submitted to NamPower should circumstances affecting the operation of the Power Plant or its operating characteristics change at any time. Should circumstances change such that the original or the current Availability Declaration is no longer a reasonable estimate made in good faith, the Seller must, as soon as is reasonably practicable: make revisions to the data submitted to NamPower under Clause 12.2 (Availability Declaration) and Clause 12.3 (Other relevant data); notify NamPower of any revisions to any previously submitted data; and notify NamPower of any special factors of which it becomes aware.