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.
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 [ * * * ]
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.
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.
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
Availability Standards
