Common use of Calculation of Availability Clause in Contracts

Calculation of Availability. The Availability of the Units shall be calculated by Seller, subject to audit by Buyer, on a monthly basis where the “Availability” of the Units, measured as a percentage, is determined as follows: Availabilitym = TPEm/[(MCCm) x (MNTHHRSm-MAINTHRSm)] where: TPEm is the total amount of Energy (measured in MWh) that the Units could have produced for the month (“m”) to which the calculation applies if the Units had been scheduled at their full Monthly Contract Capacity (“MCC”) for such month (measured in MW) for every hour in which the Units were Available to operate for Buyer less the Energy which is could have been produced due to MAINTHRSm, UNAVAILHRSm, and UNAVAILPRODHRSm (as defined below). To the extent the Units were unavailable to Buyer due to Instructed Operations or Excused Events, the Units shall be deemed to have been Available for purposes of determining TPEm and therefore no deduction is made for such hours. TPEm can be expressed algebraically as follows: TPEm = (MCCm) x (MNTHHRSm-MAINTHRSm-UNAVAILHRSm -UNAVAILPRODHRSm) where: MCCm is the Monthly Contract Capacity of the Units, measured in MW. MNTHHRSm is the total amount of hours for the month. MAINTHRSm is the total amount of hours that the Units were unavailable due to Excused Scheduled Maintenance Outages or Force Majeure declared by Seller during the month, provided that the number of hours of Outages due to Excused Scheduled Maintenance Outages shall not exceed the maximum number of hours per year permitted for Excused Scheduled Maintenance Outages pursuant to Section 3.8(e)(iii) and the number of hours of Outages due to Force Majeure shall not exceed the number of Excused Hours available to the Seller at the end of the applicable month. An Excused Scheduled Maintenance Outage or Force Majeure (declared by Seller) that results in partial Outage of the Units or occurs less than a full hour will count as an equivalent percentage of the applicable hour(s) for this calculation. For example, if the Units’ capacity was reduced by ten percent (10%) for twenty (20) hours due to an Excused Scheduled Maintenance Outage, then the Units shall be deemed unavailable due to an Excused Scheduled Maintenance Outage for two (2) full hours. UNAVAILHRSm, consists of each hour or partial hour in which the Units were unavailable to deliver Energy to Buyer due to (i) a Forced Outage; (ii) an Unexcused Scheduled Maintenance Outage; (iii) Force Majeure declared by Seller, but only to the extent the number of hours of Force Majeure exceed the cumulative number of Excused Hours available to the Seller as of the end of the applicable month; (iv) an extension of an Excused Scheduled Maintenance Outage from its original Outage schedule that was not Notified to Buyer prior to the timelines specified in Section 3.8; (v) any Notice of Unit availability that is below the Minimum Load of a given Unit (per Appendix II) in which all such hours will be counted as unavailable. UNAVAILPRODHRSm consists of each hour or partial hour in which the Units (i) were unable to provide Other Products as specified in Appendix II due to an event that inhibits the Unit’s capability to provide such Other Products but not its ability to deliver Energy; or (ii) inability of Seller to maintain certification of any Other Products as specified in Appendix II, provided that for clause (i) and (ii) that only twenty percent (20%) of the amount of Capacity unavailable to provide such Other Products shall be counted as unavailable. Any hour or partial hour considered unavailable for the purposes of UNAVAILHRSm herein shall not be considered UNAVAILPRODHRSm. Hours in which the Units are deemed unavailable shall be included in the determination of UNAVAILHRSm or UNAVAILPRODHRSm to the extent of the Units’ unavailability (which may be less than one hundred percent (100%)), such that TPEm reflects a proportional downward adjustment from the MCC for deratings, partial Outages and partial hours of unavailability of the Units or any Other Products, as well as for full hours in which the Units were entirely unavailable. If Seller identifies the Units as unavailable, in whole or in part, for any hour, the Units shall be deemed unavailable for that hour (to the extent of such unavailability) for purposes of the Availability calculation, provided that if Seller provides a revised Notice, indicating the Units are available for an hour in which they were previously deemed unavailable, by 5:00 a.m. of the morning Buyer schedules or bids the Units in the Day-Ahead Market, all of the available Capacity of the Units will be deemed to be available for such hour for purposes of determining TPEm; and if Seller provides a revised Notice, indicating the Units are available for an hour in which they were previously deemed unavailable, at least sixty (60) minutes prior to the time the Buyer is required to schedule or bid the Units in the Real-Time Market, and the Units are dispatched in the Real-Time Market, all of the available Capacity of the Units will be deemed to be available for such hour for purposes of determining TPEm. Sample calculations of “Availability” are set forth in Appendix XIV and includes the application of the Availability Adjustment described in Section 4.1(c) below.

Calculation of Availability. The Availability Seller shall calculate the availability of the Units shall be calculated by Seller, subject to audit by Buyer, on Project in a monthly basis where given month using the formula set forth below (“Availability” of the Units, measured as a percentage, is determined as follows: ”): Availabilitym = TPEm/[(MCCm) x (MNTHHRSm-MAINTHRSm)] where: TPEm is the total amount of Energy (measured in MWh) that the Units could have produced for the month (“m”) to which the calculation applies if the Units had been scheduled at their full Monthly Contract Capacity (“MCC”) for such month (measured in MW) for every hour in which the Units were Available to operate for Buyer less the Energy which is could have been produced due to MAINTHRSm, UNAVAILHRSm, and UNAVAILPRODHRSm (as defined below). To the extent the Units were unavailable to Buyer due to Instructed Operations or Excused Events, the Units shall be deemed to have been Available for purposes of determining TPEm and therefore no deduction is made for such hours. TPEm can be expressed algebraically as follows: TPEm = (MCCm) x ([MNTHHRSm-MAINTHRSm-UNAVAILHRSm -UNAVAILPRODHRSm) -UNAVAILPRODHRSm ] [MNTHHRSm-MAINTHRSm] where: MCCm m = relevant month “m” in which Availability is the Monthly Contract Capacity of the Units, measured in MWcalculated. MNTHHRSm is the total amount number of hours for the month. MAINTHRSm is the total amount number of hours that the Units were Project was unavailable to deliver Adjusted Duration Energy or unable to accept Charging Energy due to Excused Scheduled Maintenance Outages or Force Majeure declared by Seller during the month, provided that the number of hours of Outages MAINTHRS in a month due to Excused Scheduled Maintenance Outages shall may not exceed the maximum number of hours per year permitted for Excused Scheduled Maintenance Outages pursuant to Section 3.8(e)(iii9.2(e)(ii) and the number of hours of Outages MAINTHRS in a month due to Force Majeure shall declared by Seller may not exceed the number of Excused Hours available to the Seller at the end of the applicable month. An Excused Scheduled Maintenance Outage or Force Majeure (declared by Seller) that results in partial Outage of the Units Project or occurs for less than a full hour will count as an equivalent percentage of the applicable hour(s) for this calculation. For example, if the Units’ capacity was reduced Seller Notifies Buyer of a change in the Project’s Dmax that results in a reduction in Adjusted Duration Energy by ten percent (10%) for twenty (20) hours due to an Excused Scheduled Maintenance Outage, then the Units shall Project would be deemed unavailable due to an Excused Scheduled Maintenance Outage for two (2) full hours. UNAVAILHRSm, consists is the total number of each hour or partial hour hours in which the Units were Project was unavailable to deliver Adjusted Duration Energy or unable to Buyer accept Charging Energy during the month due to (iA) a Forced Outage; (iiB) an Unexcused Scheduled Maintenance Outage; (iiiC) Force Majeure declared by Seller, but only to the extent the number of hours of Force Majeure exceed the cumulative number of Excused Hours available to the Seller as of the end of the applicable month; (ivD) an extension of an Excused Scheduled Maintenance Outage from its original Outage schedule that was not Notified to Buyer prior to the timelines specified in Section 3.89.2; or (vE) Seller declaring the Project unavailable, in whole or in part, for any Notice hour or part of Unit availability an hour, for any reason other than an event that is below counts toward MAINTHRSm. To the Minimum Load extent the Project was unavailable in certain hours of a given Unit (per the month due to Instructed Operations, Excused Events, or Operational Limitations in Appendix II) in which all , such hours will not be counted included in UNAVAILHRSm for such month. An event described in clauses (A) through (E) above that results in partial Outage of the Project or occurs for less than a full hour will count as unavailablean equivalent percentage of the applicable hour(s) for this calculation. UNAVAILPRODHRSm consists is the total number of each hour or partial hour hours in which the Units Project (iA) were was unable to provide Other Products as specified in Appendix II Product other than Energy due to an event that inhibits the UnitProject’s capability ability to provide such Other other Products but not its ability to deliver Energy; or (iiB) inability of Seller to maintain certification of any Other Products as specified such other Product; or (C) Seller declaring the Project unable to provide such other Product, in Appendix IIwhole or in part, for any hour or part of an hour, for any reason other than an event that counts toward MAINTHRSm , provided that for clause (i) and (ii) that [only twenty X percent (20#%) )] of the amount of Capacity hours during which the Project was unavailable to provide such Other Products other Product shall be counted as unavailableunavailable and provided further that an event described in clauses (A) through (C) above that results in partial Outage of the Project or occurs for less than a full hour will count as an equivalent percentage of the applicable hour(s) for this calculation. Any hour or partial hour considered unavailable for the purposes of UNAVAILHRSm herein shall will not also be considered UNAVAILPRODHRSm. Hours [Note: Percentage in which the Units are deemed unavailable shall be included in the determination of UNAVAILHRSm or UNAVAILPRODHRSm to the extent of the Units’ unavailability (which this paragraph may be less than one hundred percent (100%)), such that TPEm reflects a proportional downward adjustment from the MCC for deratings, partial Outages vary depending on discharge duration and partial hours of unavailability of the Units or any Other Products, as well as for full hours in which the Units were entirely unavailable. If Seller identifies the Units as unavailable, in whole or in part, for any hour, the Units shall be deemed unavailable for that hour (to the extent of such unavailability) for purposes of the Availability calculation, provided that if Seller provides a revised Notice, indicating the Units are available for an hour in which they were previously deemed unavailable, by 5:00 a.m. of the morning Buyer schedules or bids the Units in the Day-Ahead Market, all of the available Capacity of the Units will be deemed to be available for such hour for purposes of determining TPEm; and if Seller provides a revised Notice, indicating the Units are available for an hour in which they were previously deemed unavailable, at least sixty (60) minutes prior to the time the Buyer is required to schedule or bid the Units in the Real-Time Market, and the Units are dispatched in the Real-Time Market, all of the available Capacity of the Units will be deemed to be available for such hour for purposes of determining TPEm. Attributes.] Sample calculations of “Availability” Availability and Availability Adjustment are set forth in Appendix XIV and includes the application of the Availability Adjustment described in Section 4.1(c) belowXVIII.

Calculation of Availability. The Availability of the Units shall be calculated by Seller, subject to audit by Buyer, on a monthly basis where the “Availability” of the Units, measured as a percentage, is determined as follows: Availabilitym = TPEm/[(MCCm) x (MNTHHRSm-MAINTHRSm)] where: TPEm is the total amount of Energy (measured in MWh) that the Units could have produced for the month (“m”) to which the calculation applies if the Units had been scheduled at their full Monthly Contract Capacity (“MCC”) for such month (measured in MW) for every hour in which the Units were Available to operate for Buyer less the Energy which is could have been produced due to MAINTHRSm, UNAVAILHRSm, and UNAVAILPRODHRSm (as defined below). To the extent the Units were unavailable to Buyer due to Instructed Operations or Operations, Excused Events, or Operational Limitations in Appendix II, the Units shall be deemed to have been Available for purposes of determining TPEm and therefore no deduction is made for such hours. TPEm can be expressed algebraically as follows: TPEm = (MCCm) x (MNTHHRSm-MAINTHRSm-UNAVAILHRSm -UNAVAILPRODHRSm) where: MCCm is the Monthly Contract Capacity of the Units, measured in MW. MNTHHRSm is the total amount of hours for the month. MAINTHRSm is the total amount of hours that the Units were unavailable due to Excused Scheduled Maintenance Outages or Force Majeure declared by Seller during the month, provided that the number of hours of Outages due to Excused Scheduled Maintenance Outages shall not exceed the maximum number of hours per year permitted for Excused Scheduled Maintenance Outages pursuant to Section 3.8(e)(iii) and the number of hours of Outages due to Force Majeure declared by Seller shall not exceed the number of Excused Hours available to the Seller at the end of the applicable month. An Excused Scheduled Maintenance Outage or Force Majeure (declared by Seller) that results in partial Outage of the Units or occurs less than a full hour will count as an equivalent percentage of the applicable hour(s) for this calculation. For example, if the Units’ capacity was reduced by ten percent (10%) for twenty (20) hours due to an Excused Scheduled Maintenance Outage, then the Units shall be deemed unavailable due to an Excused Scheduled Maintenance Outage for two (2) full hours. UNAVAILHRSm, consists of each hour or partial hour in which the Units were unavailable to deliver Energy to Buyer due to (i) a Forced Outage; (ii) an Unexcused Scheduled Maintenance Outage; (iii) Force Majeure declared by Seller, but only to the extent the number of hours of Force Majeure exceed the cumulative number of Excused Hours available to the Seller as of the end of the applicable month; (iv) an extension of an Excused Scheduled Maintenance Outage from its original Outage schedule that was not Notified to Buyer prior to the timelines specified in Section 3.8; (v) any Notice of Unit availability that is below the Minimum Load of a given Unit (per Appendix II) in which case all such hours when availability is below Minimum Load will be counted as unavailable. UNAVAILPRODHRSm consists of each hour or partial hour in which the Units Units (i) were unable to provide Other Products as specified in Appendix II due to an event that inhibits the Unit’s capability to provide such Other Products but not its ability to deliver Energy; or (ii) inability of Seller to maintain certification of any Other Products as specified in Appendix IIProducts, provided that for clause (i) and (ii) that only twenty percent (20%) of the amount of Capacity unavailable to provide such Other Products shall be counted as unavailable. Any hour or partial hour considered unavailable for the purposes of UNAVAILHRSm herein shall not be considered UNAVAILPRODHRSm. Hours in which the Units are deemed unavailable shall be included in the determination of UNAVAILHRSm or UNAVAILPRODHRSm to the extent of the Units’ unavailability (which may be less than one hundred percent (100%)), such that TPEm reflects a proportional downward adjustment from the MCC for deratings, partial Outages and partial hours of unavailability of the Units or any Other Products, as well as for full hours in which the Units were entirely unavailable. If Seller identifies the Units as unavailable, in whole or in part, for any hour, the Units shall be deemed unavailable for that hour (to the extent of such unavailability) for purposes of the Availability calculation, provided that if Seller provides a revised Notice, indicating the Units are available for an hour in which they were previously deemed unavailable, by 5:00 a.m. of the morning Buyer schedules or bids the Units in the Day-Ahead Market, all of the available Capacity of the Units will be deemed to be available for such hour for purposes of determining TPEm; and if Seller provides a revised Notice, indicating the Units are available for an hour in which they were previously deemed unavailable, at least sixty (60) minutes prior to the time the Buyer is required to schedule or bid the Units in the Real-Time Market, and the Units are dispatched in the Real-Time Market, all of the available Capacity of the Units will be deemed to be available for such hour for purposes of determining TPEm. Sample calculations of “Availability” are set forth in Appendix XIV and includes the application of the Availability Adjustment described in Section 4.1(c) below.