Availability Guarantee. Aside from Scheduled Maintenance, Xxxxxx Xxxxxxx guarantees that the Website will be available at least 99.5% of the time, measured on a twelve (12) month basis beginning on the Effective Date of this Agreement, and at least 98.5% of the time measured on a calendar month basis (collectively, the “Availability Guarantee”).
Availability Guarantee. 1.1. 115 If the Availability Target is not met then, for each hour of Service unavailability or fraction thereof in any calendar month above the Service unavailability time which meets the Availability Target, at your request your account shall be credited by an amount equivalent to one day of Charges (on a pro-rata basis) for the Service with respect to which the Availability Target has not been met.
1.1. 116 If the Restore Target is not met then, for each day the Restore Target is not met, at your request your account shall be credited by an amount equivalent to one day of Charges (on a pro-rata basis) for the Service with respect to which the Restore Target has not been met. You may obtain no more than one credit per day, irrespective of how often in that day we failed to meet the Restore Target.
1.1. 117 Notwithstanding anything to the contrary, the maximum total amount of credit issued in any calendar month as the Availability Guarantee remedy shall not exceed the total of the monthly Charges and the start-up Charges (if any) which, absent the credit, would have been charged for that month for the Service with respect to which the Availability Guarantee has not beenmet.
1.1. 118 The Availability Guarantee in respect of the Availability Target and Restore Target is applicable only if you complete our "Service Level Agreement Rebate Form", which is available on request from our Corporate Support department. You are solely responsible for providing us with accurate and current contact information for your account administrator. We will be relieved of our obligations under the Availability Guarantee in respect of an Availability Target and a Restore Target if our contact information for your account administrator is out of date or inaccurate due to your action or omission.
1.1. 119 We will use all reasonable endeavours to provide you with information regarding the progress of resolving any reported fault before the end of each Customer Update Period, but you acknowledge that we are only required to do so if any new information is available.
Availability Guarantee. The Showpad software will be available at least 99.9% of the time, as measured on a calendar month basis by Showpad, subject to the exclusions set forth below and also excluding planned downtime and any time necessary to implement Upgrades (“Uptime Guarantee”). Upgrade implementation downtime will be not greater than two (2) hours bi-weekly and will happen at a regularly scheduled time during the period: Saturdays or Sundays only, between 6AM and 12PM CET. Actual scheduled downtime for Upgrade implementation will normally not exceed thirty (30) minutes. A mechanism will be put in place by which Customer is notified of scheduled down time expected to be over one (1) hour, at least two (2) weeks before it occurs. In exceptional cases where it would be impossible to schedule the upgrades or maintenance during the above mentioned period, Showpad will inform the Customer of this exceptional intervention at least two (2) weeks in advance.
Availability Guarantee. Aside from Scheduled Maintenance, Datasite guarantees that the Website will be available at least 99.5% of the time measured on a 12-month basis (the “Availability Guarantee”).
Availability Guarantee. 4.3.1 Seller guarantees that the Actual Availability of the Facility for each of the Peak and Off-Peak Periods of each Contract Year will equal or exceed [redacted] ("Availability Guarantee"); provided, however, that (i) the first three months of operation following the Commencement Date shall be excluded from the Availability Guarantee, (ii) if and to the extent that a Force Majeure event affects Seller's ability to achieve the Availability Guarantee, other than in the case of Equipment Breakdown, Seller shall be excused from the Availability Guarantee (and in this regard the Parties shall follow the procedures contemplated in Section 11), and (iii) to the extent that the Facility is fired with fuel oil in excess of forty-eight (48) hours per combustion turbine unit in any Contract Year in order to meet Purchaser's Request for Energy, then for every additional ten (10) hours that the Facility is fired using fuel oil, the lower end of the Availability Guarantee range, and the [redacted] in Sections 4.3.5.1 and 4.3.5.2, shall be reduced by [redacted], which reductions shall remain in effect until the next Planned Major Maintenance occurs. If either combustion turbine is not fired on oil during any Contract Year for the same number of hours as the other combustion turbine, then for purposes of calculating the adjustment to the Availability Guarantee, each combustion turbine will be deemed to have been fired on oil during such Contract Year for a number of hours that is equal to one half of the summation of the number of hours that each combustion turbine was actually fired on oil during such Contract Year.
4.3.2 In each Contract Year, or partial Contract Year in the case of the first Contract Year (where the first three months are excluded) or the last Contract Year, Seller shall be entitled to an availability incentive payment from Purchaser ("Availability Incentive Payment") equal to [redacted].
4.3.3 The Actual Availability for the Peak Period of each Contract Year, or partial Contract Year in the case of the first Contract Year (where the first three months are excluded) or the last Contract Year, shall be calculated as follows and then rounded up or down to the nearest tenth of a percentage point (based on the method that the rounding is up if the succeeding decimal is 5 or higher or otherwise the rounding is down); provided, however, that such Actual Availability shall not exceed one (1.00):
Availability Guarantee. Trualta’s objective is to make the Service available pursuant to the Agreement twenty-four hours a day, seven days a week, except for scheduled maintenance. Trualta guarantees that Customer will be able to access the Service ninety-seven percent (97%) of the time (excluding scheduled maintenance) in any given month (“Availability Guarantee”).
Availability Guarantee. Commencing on the first day of the second Commercial Operation Year and for the reminder of the Term, Seller guarantees that the Facility shall have achieved an average annual Actual Availability Percentage during each Availability Period equal to or greater than ninety percent (90%) for the Term (a “Guaranteed Mechanical Availability Percentage”).
Availability Guarantee. Aside from Scheduled Maintenance, Xxxxxxx guarantees that the Website will be available at least 99.5% of the time measured on a calendar month basis (the “Availability Guarantee”).
Availability Guarantee. Before starting the Energy Production Guarantee Period, the contractor EPC will deliver a Theoretical Production Model which will have the following hourly input data: • Meteorological conditions: Direct normal radiation, ambient temperature, relative humidity and wind speed. • Number of collectors in service/operative. • Number of collectors in solar tracking, both total and partial. Note that the hourly data to be entered into the model will be the average values of measurements taken at least every ten (10) minutes. The output data from this Theoretical Model will be the variables necessary to determine the availabilities of both the Field of Parabolic Cylinder Collectors and the Power Block. Both availabilities will be calculated as indicated in the following sections:
(a) The availability of the Field of Parabolic Cylinder Collectors will be calculated in accordance with the following methodology: Whenever the hourly direct normal radiation exceeds a given threshold, the value of Collectors in service will be recorded. The average of these values weighted with the modified direct radiation will correspond to the value of availability of the Field of Collectors. The threshold of direct normal radiation will be determined by the absolute error value of the pyrheliometer used, increased by a security factor. In general, the threshold value of direct normal radiation will be set at 50 W•h / m2. In addition, days with accumulated direct normal radiation of less than 2 kWh/(m2 • day) will be eliminated, as these will be considered non-operation of the plant. The Collectors that can be put into automatic mode from the control system will be considered in service. In this way, the number of Collectors in service will be identified by the control system. There will be a variable in the control system to record the number of Collectors in service. The modified direct radiation represents the effective incident radiation on the Collectors. Therefore, the availability will be evaluated in accordance with the energy captured. The modified direct radiation will be determined by multiplying the direct normal radiation by the cosine of the angle of incidence of the sun’s rays. The cosine factor will be determined by the Theoretical Model. Following the methodology indicated above, the availability of the Field of Collectors will be calculated by means of the following expression: Where:
Availability Guarantee. Contractor shall prepare a detailed engineering study of anticipated Plant Availability which shall calculate the anticipated availability for the Plant, including Equipment supplied by General Electric Company, and will demonstrate that the balance of Plant, excluding Equipment supplied by General Electric Company, will be designed to achieve an average availability, excluding planned outages, of ninety-nine percent (99%) or more. 129 Article 25
