Common use of Availability of Equipment Clause in Contracts

Availability of Equipment. Where any of the Equipment or Existing Equipment is underperforming or unavailable for any reason during the Term of this Contract any reduction in energy consumption by that Equipment or Existing Equipment resulting from such underperformance or unavailability shall not be deemed to be an Energy Saving for the purposes of this Contract and the Energy Savings shall be adjusted to take account of such underperformance or unavailability.

Availability of Equipment. Where any of the Equipment or Existing Equipment is underperforming or unavailable for any reason during the Term of this Contract Period any reduction in energy consumption by that Equipment or Existing Equipment resulting from such underperformance or unavailability shall not be deemed to be an Energy Saving for the purposes of this Contract and the Energy Savings shall be adjusted to take account of such underperformance or unavailability.