Common use of Availability Guaranty Clause in Contracts

Availability Guaranty. Seller guarantees that, as calculated by the thirtieth (30th) Day of each Invoice Month following the Commercial Operation Date, the Facility shall have achieved (a) a Mechanical Availability Percentage of 96% for operations during the months of June, July, August, September, October, December, January and February; and (ii) a Mechanical Availability Percentage of 94% for operations during the months of November, March, April and May. For purposes of this Agreement, except as provided in the Dispatch Agreement, Mechanical Availability Percentage shall be calculated using the following equation: N ÷ N' WHERE: N = the number of MW-hrs the Facility delivered Energy to Department during the immediately preceding month N' = the number of MW-hrs Department requested Seller to deliver Energy to Department from the Facility during the immediately preceding month pursuant to Section 2.04, provided, however, that such number shall not exceed the Contract Capacity for any Period in the immediately preceding month

Availability Guaranty. Seller guarantees that, as calculated by the thirtieth (30th) Day of each Invoice Month following the Commercial Operation Date, the Facility shall have achieved (a) a Mechanical Availability Percentage of 96% for operations during the months of June, July, August, September, October, December, January and February; and (ii) a Mechanical Availability Percentage of 94% for operations during the months of November, March, April and MayMay (the "Guaranteed Availability"). For purposes of this Agreement, except as provided in the Dispatch Agreement, Mechanical Availability Percentage shall be calculated using the following equation: N ÷ N' WHERE: N = the number of MW-hrs the Facility delivered Energy to Department during the immediately preceding month N' = the number of MW-hrs Department requested Seller to deliver Energy to Department from the Facility during the immediately preceding month pursuant to Section 2.04, provided, however, that such number shall not exceed the Contract Capacity for any Period in the immediately preceding month