Availability Standards Sample Clauses

Availability Standards. (a) In the event that the Generating Facility is subject to the Availability Standards as set forth in the CAISO Tariff, Anaheim shall make commercially reasonable efforts to mitigate the application of the Availability Standards on behalf of the Seller to the extent possible. In any event, Seller shall be responsible for paying any charges assessed by the CAISO for failure of the Generating Facility to achieve the Availability Standards as set forth in the CAISO Tariff. Seller shall also be entitled to any benefits established in the CAISO Tariff associated with performance of the Generating Facility that exceeds the Availability Standards established by the CAISO.
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Availability Standards. Certain of the Services described in this Schedule are subject to specific availability standards. [ * * * ] As used in this Schedule, the following availability and maintenance standards have the following meanings: (a) “Local business hours on local business days” means [ * * * ] Final (January 31, 2012) CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [ * * * ]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. [ * * * ] (b) “24 x 7” means [ * * * ]
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Availability Standards. Tenaska shall endeavor in good faith to cause the Plant to achieve a Summer Availability Percentage of at least 97% during the Summer Months of each Contract Year, and an Annual Availability Percentage of at least 97% during all Months of each Contract Year. (a) PECO shall compensate Tenaska for achieving Summer Availability Percentage in excess of 97% as provided in Section 8.07. (b) Tenaska shall compensate PECO for failing to achieve a Summer Availability Percentage and/or an Annual Availability Percentage of 97% as provided in Section 8.08.
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Availability Standards. Seller shall be responsible for all costs, charges, expenses, penalties, and obligations resulting from Availability Standards, if applicable, and Seller shall be entitled to retain all credits, payments, and revenues, if any, resulting from Seller achieving or exceeding Availability Standards, if applicable.
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Availability Standards. Without waiving its rights to avail itself of any applicable exemption (so long as such exemption does not negatively affect Buyer), Seller agrees that the Project is, or may become, subject to the terms of the Availability Standards. If the Project becomes subject to the terms of the Availability Standards, the Parties agree that any Availability Incentive Payments are for the benefit of the Seller and for Seller’s account and that any Non- Availability Charges are the responsibility of the Seller and for Seller’s account, except that if, at any time during the Delivery Term, the average twelve (12) month Non-Availability Charges netted against the Availability Incentive Payments are calculated to exceed an equivalent of $75,000 per annum, Buyer shall pay such excess amount for the previous twelve (12) month period. Furthermore, for future months, Buyer and Seller hereby agree that (i) Buyer may elect, in its sole discretion, to pay any amount of Non-Availability Charges netted against the Availability Incentive Payments incurred by the Project in excess of an equivalent of $75,000 per annum, and retain the Resource Adequacy qualification of the Facility’s Output or
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Availability Standards 
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Related to Availability Standards

  • Security Standards The Provider shall implement and maintain commercially reasonable security procedures and practices that otherwise meet or exceed industry standards designed to protect Student Data from unauthorized access, destruction, use, modification, or disclosure, including but not limited to the unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of the Student Data (a "Security Breach"). For purposes of the DPA and this Exhibit G, "Security Breach" does not include the good faith acquisition of Student Data by an employee or agent of the Provider or LEA for a legitimate educational or administrative purpose of the Provider or LEA, so long as the Student Data is used solely for purposes permitted by SOPPA and other applicable law, and so long as the Student Data is restricted from further unauthorized disclosure.

  • Quality Standards Each Party agrees that the nature and quality of its products and services supplied in connection with the other Party's Marks will conform to quality standards set by the other Party. Each Party agrees to supply the other Party, upon request, with a reasonable number of samples of any Materials publicly disseminated by such Party which utilize the other Party's Marks. Each Party will comply with all applicable laws, regulations, and customs and obtain any required government approvals pertaining to use of the other Party's marks.

  • Safety Standards Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements.

  • Federal Medicaid System Security Requirements Compliance Party shall provide a security plan, risk assessment, and security controls review document within three months of the start date of this Agreement (and update it annually thereafter) in order to support audit compliance with 45 CFR 95.621 subpart F, ADP System Security Requirements and Review Process.

  • Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA).

  • Property Standards Owner must maintain the Unit, and any common areas of the property accessible to the Tenant under the Lease, in decent, safe and sanitary condition and comply with all applicable state or local codes and requirements for rental properties. Upon notice by the Program Administrator following any inspection (whether conducted in-person or virtually in accordance with the Program guidelines), Owner will promptly correct any violations of Program requirements and this Contract. If the Owner fails to correct such violations, the Program Administrator may terminate this Contract and the Rental Assistance Payment even if the Tenant continues occupancy under the Lease. Owner/Representative Initials:

  • Service Level Standards In addition to all other requirements in this Agreement, and in accordance with the Best Claims Practices & Estimating Guidelines, Vendor shall use reasonable and good faith efforts to meet the Service Level Standards set forth below.

  • Applicable Standards The requirements and guidelines of NERC, the Applicable Regional Entity, and the Control Area in which the Customer Facility is electrically located; the PJM Manuals; and Applicable Technical Requirements and Standards.

  • Information Technology Accessibility Standards Any information technology related products or services purchased, used or maintained through this Grant must be compatible with the principles and goals contained in the Electronic and Information Technology Accessibility Standards adopted by the Architectural and Transportation Barriers Compliance Board under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. §794d), as amended. The federal Electronic and Information Technology Accessibility Standards can be found at: xxxx://xxx.xxxxxx-xxxxx.xxx/508.htm.

  • Industry Standards Supplier will implement appropriate technical and organizational security measures that comply with Industry Standards in all applicable goods, services, equipment, software systems and platforms that Supplier uses to access, process and/or store Accenture Data. “Industry Standards” means security measures that are commercially reasonable in the information technology industry and that are designed to ensure the security, integrity, and confidentiality of Accenture Data, and to protect against Security Incidents.

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