Common use of Declaration of Availability Clause in Contracts

Declaration of Availability. 11.4.1 Unless otherwise notified by the Supplier, the declared Availability shall, be deemed to be 100% (one hundred per cent) thereof at all times. 11.4.2 In the event that any shortfall in supply of electricity to the Aggregator occurs on account of any deficiency in transmission access, the Availability shall be deemed to be reduced to the extent of reduction in transmission of electricity, and the reduction referred to hereinabove shall be deemed as Non-Availability on account of deficiency in transmission. For the avoidance of doubt and by way of illustration, the Parties agree that if such deficiency in transmission is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by the Supplier to the Aggregator forthwith. 11.4.3 The Supplier shall notify, no later than 15 (fifteen) days prior to the commencement of a month, its maintenance schedule for that month and any reduction in Availability arising as a result thereof. The Supplier shall, as soon as may be, notify any modifications of its maintenance schedule and shall confirm, with or without modifications, the reduction in Availability no later than 48 (forty eight) hours prior to its occurrence. 11.4.4 In the event that the Availability at any time is determined to be lower than 100% (one hundred per cent) of the Contracted Capacity or the reduced Availability notified hereunder, an event of mis-declaration of Availability (the “Mis- declaration”) shall be deemed to have occurred. In such an event, the Availability for the relevant month shall, for the purposes of payment of Fixed Charge, be deemed to be reduced by the same proportion that Availability bears to Mis-declaration, as if the Mis-declaration had occurred for a period of one month. For the avoidance of doubt, the Parties agree that deductions on account of Mis-declaration shall be made from the subsequent payments due to the Supplier under this Agreement. 11.4.5 Notwithstanding the provisions of Clause 11.4.4, any reduction in Availability arising out of de-commissioning due to Emergency or a Force Majeure Event shall not be deemed to be Mis-declaration if the Supplier shall have notified the Aggregator in accordance with the provisions of Clauses 16.5.

Declaration of Availability. 11.4.1 11.5.1 Unless otherwise notified by the Bidder or Developer through the Supplier, the declared Availability declaredAvailability shall, be deemed to be 100% (one hundred per cent) thereof at all times. 11.4.2 11.5.2 In the event that any shortfall in supply of electricity to the Aggregator Utility occurs on account of any deficiency in transmission accessbetween the Point of Grid Connection and Delivery Point, the Availability shall be deemed to be reduced to the extent of reduction in transmission of electricity, and the reduction referred to hereinabove shall be deemed as Non-Availability on account of deficiency in transmission. For the avoidance of doubt and by way of illustration, the Parties agree that if such deficiency in transmission is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by Bidder or Developer through the Supplier to the Aggregator Utility forthwith. 11.4.3 11.5.3 In the event that any shortfall in supply of electricity to the Utility occurs on account of shortage of Fuel, the Availability shall be deemed to be reduced to the extent of reduction in generation of electricity, and such reduction shall be deemed as Non-Availability on account of shortage of Fuel. For the avoidance of doubt and by way of illustration, the Parties agree that if the deficiency in generation is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by Bidder or Developer through the Supplier to the Utility forthwith. 11.5.4 The Supplier shall notify, no later than 15 (fifteen) days prior to the commencement of a month, its Bidder or Developer’s maintenance schedule for that month and any reduction in Availability arising as a result thereof. The Supplier shall, as soon as may be, notify any modifications of its Bidder or Developer’s maintenance schedule and shall confirm, with or without modifications, the reduction in Availability no later than 48 (forty eight) hours prior to its occurrence. 11.4.4 11.5.5 In the event that the Availability at any time is determined to be lower than 100% (one hundred per cent) of the Contracted Capacity or the reduced Availability notified hereunder, an event of mis-declaration of Availability (the “Mis- declaration”) shall be deemed to have occurred. In such an event, the Availability for the relevant month shall, for the purposes of payment of Fixed Charge, be deemed to be reduced by the same proportion that Availability bears to Mis-declaration, as if the Mis-declaration had occurred for a period of one month. For the avoidance of doubt, the Parties agree that deductions on account of Mis-declaration shall be made from the subsequent payments due to the Supplier under this Agreement. 11.4.5 11.5.6 Notwithstanding the provisions of Clause 11.4.411.5.5, any reduction in Availability arising out of de-commissioning due to Emergency or a Force Majeure Event shall not be deemed to be Mis-declaration if the Supplier shall have notified the Aggregator Utility in accordance with the provisions of Clauses 16.517.5.

Declaration of Availability. 11.4.1 11.5.1 Unless otherwise notified by the Supplier[Supplier if Supplier is NOT a Trading Licensee, or Developer through the Supplier if Supplier is a Trading Licensee], the declared Availability shall, be deemed to be 100% (one hundred per cent) thereof at all times. 11.4.2 11.5.2 In the event that any shortfall in supply of electricity to the Aggregator Utility occurs on account of any deficiency in transmission accessbetween the Point of Grid Connection and Delivery Point, the Availability shall be deemed to be reduced to the extent of reduction in transmission of electricity, and the reduction referred to hereinabove shall be deemed as Non-Availability on account of deficiency in transmission. For the avoidance of doubt and by way of illustration, the Parties agree that if such deficiency in transmission is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by the [Supplier if Supplier is NOT a Trading Licensee, or Developer through the Supplier if Supplier is a Trading Licensee] to the Aggregator Utility forthwith. 11.4.3 11.5.3 In the event that any shortfall in supply of electricity to the Utility occurs on account of shortage of Fuel, the Availability shall be deemed to be reduced to the extent of reduction in generation of electricity, and such reduction shall be deemed as Non-Availability on account of shortage of Fuel. For the avoidance of doubt and by way of illustration, the Parties agree that if the deficiency in generation is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by the [Supplier if Supplier is NOT a Trading Licensee, or Developer through the Supplier if Supplier is a Trading Licensee]to the Utility forthwith. 11.5.4 The Supplier shall notify, no later than 15 (fifteen) days prior to the commencement of a month, [its if Supplier is NOT a Trading Licensee, or Developer‟s if Supplier is a Trading Licensee] maintenance schedule for that month and any reduction in Availability arising as a result thereof. The Supplier shall, as soon as may be, notify any modifications of [its if Supplier is NOT a Trading Licensee, or Developer‟s if Supplier is a Trading Licensee] maintenance schedule and shall confirm, with or without modifications, the reduction in Availability no later than 48 (forty eight) hours prior to its occurrence. 11.4.4 11.5.5 In the event that the Availability at any time is determined to be lower than 100% (one hundred per cent) of the Contracted Capacity or the reduced Availability notified hereunder, an event of mis-declaration of Availability (the “Mis- declaration”) shall be deemed to have occurred. In such an event, the Availability for the relevant month shall, for the purposes of payment of Fixed Charge, be deemed to be reduced by the same proportion that Availability bears to Mis-declaration, as if the Mis-declaration had occurred for a period of one month. For the avoidance of doubt, the Parties agree that deductions on account of Mis-declaration shall be made from the subsequent payments due to the Supplier under this Agreement. 11.4.5 11.5.6 Notwithstanding the provisions of Clause 11.4.411.5.5, any reduction in Availability arising out of de-commissioning due to Emergency or a Force Majeure Event shall not be deemed to be Mis-declaration if the Supplier shall have notified the Aggregator Utility in accordance with the provisions of Clauses 16.517.5.

Declaration of Availability. 11.4.1 Unless otherwise notified by the SupplierAggregator, the declared Availability shall, be deemed to be 100% (one hundred per cent) thereof at all times. 11.4.2 In the event that any shortfall in supply of electricity to the Aggregator Utility occurs on account of any deficiency in transmission access, the Availability shall be deemed to be reduced to the extent of reduction in transmission of electricity, and the reduction referred to hereinabove shall be deemed as Non-Availability on account of deficiency in transmission. For the avoidance of doubt and by way of illustration, the Parties agree that if such deficiency in transmission is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by the Supplier Aggregator to the Aggregator Utility forthwith. 11.4.3 The Supplier Aggregator shall notify, no later than 15 (fifteen) days prior to the commencement of a month, its Supplier‟s maintenance schedule for that month and any reduction in Availability arising as a result thereof. The Supplier Aggregator shall, as soon as may be, notify any modifications of its Supplier‟s maintenance schedule and shall confirm, with or without modifications, the reduction in Availability no later than 48 (forty eight) hours prior to its occurrence. 11.4.4 In the event that the Availability at any time is determined to be lower than 100% (one hundred per cent) of the Contracted Capacity or the reduced Availability notified hereunder, an event of mis-declaration of Availability (the “Mis- declaration”) shall be deemed to have occurred. In such an event, the Availability for the relevant month shall, for the purposes of payment of Fixed Charge, be deemed to be reduced by the same proportion that Availability bears to Mis-declaration, as if the Mis-declaration had occurred for a period of one month. For the avoidance of doubt, the Parties agree that deductions on account of Mis-declaration shall be made from the subsequent payments due to the Supplier Aggregator under this Agreement. 11.4.5 Notwithstanding the provisions of Clause 11.4.4, any reduction in Availability arising out of de-commissioning due to Emergency or a Force Majeure Event shall not be deemed to be Mis-declaration if the Supplier Aggregator shall have notified the Aggregator Utility in accordance with the provisions of Clauses 16.515.5.

Declaration of Availability. 11.4.1 Unless otherwise notified by the SupplierAggregator, the declared Availability shall, be deemed to be 100% (one hundred per cent) thereof at all times. 11.4.2 In the event that any shortfall in supply of electricity to the Aggregator Utility occurs on account of any deficiency in transmission access, the Availability shall be deemed to be reduced to the extent of reduction in transmission of electricity, and the reduction referred to hereinabove shall be deemed as Non-Availability on account of deficiency in transmission. For the avoidance of doubt and by way of illustration, the Parties agree that if such deficiency in transmission is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by the Supplier Aggregator to the Aggregator Utility forthwith. 11.4.3 The Supplier Aggregator shall notify, no later than 15 (fifteen) days prior to the commencement of a month, its Supplier’s maintenance schedule for that month and any reduction in Availability arising as a result thereof. The Supplier Aggregator shall, as soon as may be, notify any modifications of its Supplier’s maintenance schedule and shall confirm, with or without modifications, the reduction in Availability no later than 48 (forty eight) hours prior to its occurrence. 11.4.4 In the event that the Availability at any time is determined to be lower than 100% (one hundred per cent) of the Contracted Capacity or the reduced Availability notified hereunder, an event of mis-declaration of Availability (the “Mis- declaration”) shall be deemed to have occurred. In such an event, the Availability for the relevant month shall, for the purposes of payment of Fixed Charge, be deemed to be reduced by the same proportion that Availability bears to Mis-declaration, as if the Mis-declaration had occurred for a period of one month. For the avoidance of doubt, the Parties agree that deductions on account of Mis-declaration shall be made from the subsequent payments due to the Supplier Aggregator under this Agreement. 11.4.5 Notwithstanding the provisions of Clause 11.4.4, any reduction in Availability arising out of de-commissioning due to Emergency or a Force Majeure Event shall not be deemed to be Mis-declaration if the Supplier Aggregator shall have notified the Aggregator Utility in accordance with the provisions of Clauses 16.515.5.

Declaration of Availability. 11.4.1 11.5.1 Unless otherwise notified by the Supplier, the declared Availability shall, be deemed to be 100% (one hundred per cent) thereof at all times. 11.4.2 11.5.2 In the event that any shortfall in supply of electricity to the Aggregator Utility occurs on account of any deficiency in intra state transmission accesssystem in accordance with clause 5.3, the Availability shall be deemed to be reduced to the extent of reduction in transmission of electricity, and the reduction referred to hereinabove shall be deemed as Non-Non- Availability on account of deficiency in transmission. For the avoidance of doubt and by way of illustration, the Parties agree that if such deficiency in transmission is equal to 20% (twenty per cent) of the entitlement of the Utility in the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by the Supplier to Supplierto the Aggregator Utility forthwith. 11.4.3 11.5.3 In the event that any shortfall in supply of electricity to the Utility occurs on account of shortage of Fuel, the Availability shall be deemed to be reduced to the extent of reduction in generation of electricity, and such reduction shall be deemed as Non- Availability on account of shortage of Fuel. For the avoidance of doubt and by way of illustration, the Parties agree that if the deficiency in generation is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by the Supplierto the Utility forthwith. Provided that where the Fuel is being supplied under allocated coal linkage, the Supplier shall have an option to arrange the Fuel from an alternate source. The Utility shall be intimated if the increase in Variable Charge is greater than 30 % (thirty percent). Provided that if the Utility does not schedule the power, the Supplier shall have the option to offer such power in the power exchange. Provided further that compliance of any order issued by the central government in respect of blending of imported fuel shall be binding on the parties. Provided also that in case of shortage of linkage coal and the Supplier arranges coal from alternate sources, the Energy Charge shall be calculated as per methodology specified in Schedule F. 11.5.4 The Supplier shall notify, no later than 15 (fifteen) days prior to the commencement of a month, its maintenance schedule for that month and any reduction in Availability arising as a result thereof. The Supplier shall, as soon as may be, notify any modifications of its maintenance schedule and shall confirm, with or without modifications, the reduction in Availability no later than 48 (forty eight) hours prior to its occurrence. 11.4.4 11.5.5 In the event that the Availability at any time is determined to be lower than 100% (one hundred per cent) of the Contracted Capacity or the reduced Availability notified hereunder, an event of mis-declaration of Availability (the “Mis- Mis-declaration”) shall be deemed to have occurred. In such an event, the Availability for the relevant month shall, for the purposes of payment of Fixed Charge, be deemed to be reduced by the same proportion that Availability bears to Mis-declaration, ,as if the Mis-declaration had occurred for a period of one month. For the avoidance of doubt, the Parties agree that deductions on account of Mis-declaration shall be made from the subsequent payments due to the Supplier under this Agreement. 11.4.5 11.5.6 Notwithstanding the provisions of Clause 11.4.411.5.5, any reduction in Availability arising out of de-commissioning outage due to Emergency or a Force Majeure Event shall not be deemed to be Mis-declaration if the Supplier shall have notified the Aggregator Utility in accordance with the provisions of Clauses 16.5Clauses17.5.

Declaration of Availability. 11.4.1 11.2.1. Unless otherwise notified by the SupplierConcessionaire, the declared Availability shall, be deemed to be 100% (one hundred per cent) thereof at all times. 11.4.2 11.2.2. In the event that any shortfall in supply of electricity to the Aggregator MCGM occurs on account of any deficiency in transmission accessbeyond the Delivery Point, the Availability shall be deemed to be reduced to the extent of reduction in transmission of electricity, and the reduction referred to hereinabove shall be deemed as Non-Availability on account of deficiency in transmission. For the avoidance of doubt and by way of illustration, the Parties agree that if such deficiency in transmission is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by the Supplier to the Aggregator forthwith. 11.4.3 11.2.3. The Supplier Concessionaire shall notify, no later than 15 (fifteen) days prior to the commencement of a month, its maintenance schedule for that month and any reduction in Availability arising as a result thereofthereof to RLDC/ SLDC/ MCGM. The Supplier Concessionaire shall, as soon as may be, notify any modifications of its maintenance schedule and shall confirm, with or without modifications, the reduction in Availability no later than 48 (forty eight) hours prior to its occurrence. 11.4.4 11.2.4. In the event that the Availability at any time is determined to be lower than 100% (one hundred per cent) of the Contracted Capacity or the reduced Availability notified hereunder, an event of mis-declaration of Availability (the “Mis- declaration”) shall be deemed to have occurred. In such an event, the Availability for the relevant month shall, for the purposes of payment of Fixed ChargeTotal Monthly Charges, be deemed to be reduced by the same proportion that Availability bears to Mis-declaration, as if the Mis-declaration had occurred for a period of one month. For the avoidance of doubt, the Parties agree that deductions on account of Mis-declaration shall be made from the subsequent payments due to the Supplier Concessionaire under this Agreement. 11.4.5 11.2.5. Notwithstanding the provisions of Clause 11.4.411.5.5, any reduction in Availability arising out of de-commissioning due to Emergency or a Force Majeure Event shall not be deemed to be Mis-declaration if the Supplier Concessionaire shall have notified the Aggregator MCGM in accordance with the provisions of Clauses 16.517.5.

Declaration of Availability. 11.4.1 11.5.1 Unless otherwise notified by the Supplier[Supplier if Supplier is NOT a Trading Licensee, or Developer through the Supplier if Supplier is a Trading Licensee], the declared Availability shall, be deemed to be 100% (one hundred per cent) thereof at all times. 11.4.2 11.5.2 In the event that any shortfall in supply of electricity to the Aggregator occurs on account of any deficiency in transmission accessbetween the Point of Grid Connection and Delivery Point, the Availability shall be deemed to be reduced to the extent of reduction in transmission of electricity, and the reduction referred to hereinabove shall be deemed as Non-Availability on account of deficiency in transmission. For the avoidance of doubt and by way of illustration, the Parties agree that if such deficiency in transmission is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Non- Availability hereunder shall be notified by the [Supplier if Supplier is NOT a Trading Licensee, or Developer through the Supplier if Supplier is a Trading Licensee] to the Aggregator forthwith. 11.4.3 11.5.3 In the event that any shortfall in supply of electricity to the Aggregator occurs on account of shortage of Fuel, the Availability shall be deemed to be reduced to the extent of reduction in generation of electricity, and such reduction shall be deemed as Non-Availability on account of shortage of Fuel. For the avoidance of doubt and by way of illustration, the Parties agree that if the deficiency in generation is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availabilityhereunder shall be notified by the [Supplier if Supplier is NOT a Trading Licensee, or Developer through the Supplier if Supplier is a Trading Licensee] to the Aggregator forthwith. 11.5.4 The Supplier shall notify, no later than 15 (fifteen) days prior to the commencement of a month, [its if Supplier is NOT a Trading Licensee, or Developer‟s if Supplier is a Trading Licensee] maintenance schedule for that month and any reduction in Availability arising as a result thereof. The Supplier shall, as soon as may be, notify any modifications of [its if Supplier is NOT a Trading Licensee, or Developer‟s if Supplier is a Trading Licensee] maintenance schedule and shall confirm, with or without modifications, the reduction in Availability no later than 48 (forty eight) hours prior to its occurrence. 11.4.4 11.5.5 In the event that the Availability at any time is determined to be lower than 100% (one hundred per cent) of the Contracted Capacity or the reduced Availability notified hereunder, an event of mis-declaration of Availability (the “Mis- declaration”) shall be deemed to have occurred. In such an event, the Availability for the relevant month shall, for the purposes of payment of Fixed Charge, be deemed to be reduced by the same proportion that Availability bears to Mis-bearsto Mis- declaration, as if the Mis-declaration had occurred for a period of one month. For the avoidance of doubt, the Parties agree that deductions on account of Mis-Mis- declaration shall be made from the subsequent payments due to the Supplier under this Agreement. 11.4.5 11.5.6 Notwithstanding the provisions of Clause 11.4.411.5.5, any reduction in Availability arising out of de-commissioning due to Emergency or a Force Majeure Event shall not be deemed to be Mis-declaration if the Supplier shall have notified the Aggregator in accordance with the provisions of Clauses 16.517.5.

Declaration of Availability. 11.4.1 11.5.1 Unless otherwise notified by the Supplier[Supplier if Supplier is NOT a Trading Licensee, or Developer through the Supplier if Supplier is a Trading Licensee], the declared Availability shall, be deemed to be 100% (one hundred per cent) thereof at all times. 11.4.2 11.5.2 In the event that any shortfall in supply of electricity to the Aggregator GRIDCO occurs on account of any deficiency in intra state transmission accesssystem in accordance with clause 5.3, the Availability shall be deemed to be reduced to the extent of reduction in transmission of electricity, and the reduction referred to hereinabove shall be deemed as Non-Non- Availability on account of deficiency in transmission. For the avoidance of doubt and by way of illustration, the Parties agree that if such deficiency in transmission is equal to 20% (twenty per cent) of the entitlement of GRIDCO in the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by the [Supplier if Supplier is NOT a Trading Licensee, or Developer through the Supplier if Supplier is a Trading Licensee] to the Aggregator GRIDCO forthwith. 11.4.3 11.5.3 In the event that any shortfall in supply of electricity to GRIDCO occurs on account of shortage of Fuel, the Availability shall be deemed to be reduced to the extent of reduction in generation of electricity, and such reduction shall be deemed as Non- Availability on account of shortage of Fuel. For the avoidance of doubt and by way of illustration, the Parties agree that if the deficiency in generation is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by the [Supplier if Supplier is NOT a Trading Licensee, or Developer through the Supplier if Supplier is a Trading Licensee] to GRIDCO forthwith. Provided that where the Fuel is being supplied under allocated coal linkage, the Supplier shall have an option to arrange the Fuel from an alternate source. GRIDCO shall be intimated if the increase in Variable Charge is greater than 30 % (thirty percent). Provided that if GRIDCO does not schedule the power, the Supplier shall have the option to offer such power in the power exchange. Provided further that compliance of any order issued by the central government in respect of blending of imported fuel shall be binding on the parties. Provided also that in case of shortage of linkage coal and the Supplier arranges coal from alternate sources, the Energy Charge shall be calculated as per methodology specified in Schedule F. 11.5.4 The Supplier shall notify, no later than 15 (fifteen) days prior to the commencement of a month, its [if Supplier is NOT a Trading Licensee, or Developer’s if Supplier is a Trading Licensee] maintenance schedule for that month and any reduction in Availability arising as a result thereof. The Supplier shall, as soon as may be, notify any modifications of its [ if Supplier is NOT a Trading Licensee, or Developer’s if Supplier is a Trading Licensee] maintenance schedule and shall confirm, with or without modifications, the reduction in Availability no later than 48 (forty eight) hours prior to its occurrence. 11.4.4 11.5.5 In the event that the Availability at any time is determined to be lower than 100% (one hundred per cent) of the Contracted Capacity or the reduced Availability notified hereunder, an event of mis-declaration of Availability (the “Mis- declaration”) shall be deemed to have occurred. In such an event, the Availability for the relevant month shall, for the purposes of payment of Fixed Charge, be deemed to be reduced by the same proportion that Availability bears to Mis-Mis- declaration, as if the Mis-declaration had occurred for a period of one month. For the avoidance of doubt, the Parties agree that deductions on account of Mis-Mis- declaration shall be made from the subsequent payments due to the Supplier under this Agreement. 11.4.5 11.5.6 Notwithstanding the provisions of Clause 11.4.411.5.5, any reduction in Availability arising out of de-commissioning outage due to Emergency or a Force Majeure Event shall not be deemed to be Mis-declaration if the Supplier shall have notified the Aggregator GRIDCO in accordance with the provisions of Clauses 16.5Clauses17.5.

Declaration of Availability. 11.4.1 11.5.1 Unless otherwise notified by the Supplier[Supplier if Supplier is NOT a Trading Licensee, or Developer through the Supplier if Supplier is a Trading Licensee], the declared Availability shall, be deemed to be 100% (one hundred per cent) thereof at all times. 11.4.2 11.5.2 In the event that any shortfall in supply of electricity to the Aggregator Utility occurs on account of any deficiency in transmission accessbetween the Point of Grid Connection and Delivery Point, the Availability shall be deemed to be reduced to the extent of reduction in transmission of electricity, and the reduction referred to hereinabove shall be deemed as Non-Availability on account of deficiency in transmission. For the avoidance of doubt and by way of illustration, the Parties agree that if such deficiency in transmission is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non- Availability hereunder shall be notified by the [Supplier if Supplier is NOT a Trading Licensee, or Developer through the Supplier if Supplier is a Trading Licensee] to the Utility forthwith. 11.5.3 In the event that any shortfall in supply of electricity to the Utility occurs on account of shortage of Water, the Availability shall be deemed to be reduced to the extent of reduction in generation of electricity, and such reduction shall be deemed as Non- Availability on account of shortage of Water. For the avoidance of doubt and by way of illustration, the Parties agree that if the deficiency in generation is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by the [Supplier to if Supplier is NOT a Trading Licensee, or Developer through the Aggregator Supplier if Supplier is a Trading Licensee]to the Utility forthwith. 11.4.3 11.5.4 The Supplier shall notify, no later than 15 (fifteen) days prior to the commencement of a month, [its if Supplier is NOT a Trading Licensee, or Developer‟s if Supplier is a Trading Licensee] maintenance schedule for that month and any reduction in Availability arising as a result thereof. The Supplier shall, as soon as may be, notify any modifications of [its if Supplier is NOT a Trading Licensee, or Developer‟s if Supplier is a Trading Licensee] maintenance schedule and shall confirm, with or without modifications, the reduction in Availability no later than 48 (forty eight) hours prior to its occurrence. 11.4.4 11.5.5 In the event that the Availability at any time is determined to be lower than 100% (one hundred per cent) of the Contracted Capacity or the reduced Availability notified hereunder, an event of mis-declaration of Availability (the “Mis- declaration”) shall be deemed to have occurred. In such an event, the Availability for the relevant month shall, for the purposes of payment of Fixed Charge, be deemed to be reduced by the same proportion that Availability bears to Mis-Mis- declaration, as if the Mis-declaration had occurred for a period of one month. For the avoidance of doubt, the Parties agree that deductions on account of Mis-Mis- declaration shall be made from the subsequent payments due to the Supplier under this Agreement. 11.4.5 11.5.6 Notwithstanding the provisions of Clause 11.4.411.5.5, any reduction in Availability arising out of de-commissioning due to Emergency or a Force Majeure Event shall not be deemed to be Mis-declaration if the Supplier shall have notified the Aggregator Utility in accordance with the provisions of Clauses 16.517.5.

Declaration of Availability. 11.4.1 11.5.1 Unless otherwise notified by the SupplierAggregator, the declared Availability shall, be deemed to be 100% (one hundred per cent) thereof at all times. 11.4.2 11.5.2 In the event that any shortfall in supply of electricity to the Aggregator Utility occurs on account of any deficiency in transmission accessbetween the Point of Grid Connection and Delivery Point, the Availability shall be deemed to be reduced to the extent of reduction in transmission of electricity, and the reduction referred to hereinabove shall be deemed as Non-Availability on account of deficiency in transmission. For the avoidance of doubt and by way of illustration, the Parties agree that if such deficiency in transmission is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Non- Availability hereunder shall be notified by the Supplier Aggregator to the Aggregator Utility forthwith. 11.4.3 11.5.3 In the event that any shortfall in supply of electricity to the Utility occurs on account of shortage of Fuel, the Availability shall be deemed to be reduced to the extent of reduction in generation of electricity, and such reduction shall be deemed as Non- Availability on account of shortage of Fuel. For the avoidance of doubt and by way of illustration, the Parties agree that if the deficiency in generation is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availabilityhereunder shall be notified by the Aggregator to the Utility forthwith. 11.5.4 The Supplier Aggregator shall notify, no later than 15 (fifteen) days prior to the commencement of a month, its the maintenance schedule of the Power Station for that month and any reduction in Availability arising as a result thereof. The Supplier Aggregator shall, as soon as may be, notify any modifications of its Supplier maintenance schedule and shall confirm, with or without modifications, the reduction in Availability no later than 48 (forty eight) hours prior to its occurrence. 11.4.4 11.5.5 In the event that the Availability at any time is determined to be lower than 100% (one hundred per cent) of the Contracted Capacity or the reduced Availability notified hereunder, an event of mis-declaration of Availability (the “Mis- declaration”) shall be deemed to have occurred. In such an event, the Availability for the relevant month shall, for the purposes of payment of Fixed Charge, be deemed to be reduced by the same proportion that Availability bears to Mis-Mis- declaration, as if the Mis-declaration had occurred for a period of one month. For the avoidance of doubt, the Parties agree that deductions on account of Mis-Mis- declaration shall be made from the subsequent payments due to the Supplier Aggregator under this Agreement. 11.4.5 11.5.6 Notwithstanding the provisions of Clause 11.4.411.5.5, any reduction in Availability arising out of de-commissioning due to Emergency or a Force Majeure Event shall not be deemed to be Mis-declaration if the Supplier Aggregator shall have notified the Aggregator Utility in accordance with the provisions of Clauses 16.517.5.

Declaration of Availability. 11.4.1 11.2.1 Unless otherwise notified by the Supplier, the declared Availability shall, be deemed to be 100% (one hundred per cent) thereof at all times. 11.4.2 11.2.2 In the event that any shortfall in supply of electricity to the Aggregator occurs on account of any deficiency in transmission accessbetween the Power Station and Delivery Point, the Availability shall be deemed to be reduced to the extent of reduction in transmission of electricity, and the reduction referred to hereinabove shall be deemed as Non-Availability on account of deficiency in transmission. For the avoidance of doubt and by way of illustration, the Parties agree that if such deficiency in transmission is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by the Supplier to the Aggregator forthwith. 11.4.3 11.2.3 The Supplier shall notify, no later than 15 (fifteen) days prior to the commencement of a month, its maintenance schedule for that month and any reduction in Availability arising as a result thereof. The Supplier shall, as soon as may be, notify any modifications of its maintenance schedule and shall confirm, with or without modifications, the reduction in Availability no later than 48 (forty eight) hours prior to its occurrence. 11.4.4 11.2.4 In the event that the Availability at any time is determined to be lower than 100% (one hundred per cent) of the Contracted Capacity or the reduced Availability notified hereunder, an event of mis-declaration of Availability (the “Mis- declaration”) shall be deemed to have occurred. In such an event, the Availability for the relevant month shall, for the purposes of payment of Fixed ChargeTariff, be deemed to be reduced by the same proportion that Availability bears to Mis-Mis- declaration, as if the Mis-declaration had occurred for a period of one month. For the avoidance of doubt, the Parties agree that deductions on account of Mis-Mis- declaration shall be made from the subsequent payments due to the Supplier under this Agreement. 11.4.5 11.2.5 Notwithstanding the provisions of Clause 11.4.411.2.4, any reduction in Availability arising out of de-commissioning due to Emergency or a Force Majeure Event shall not be deemed to be Mis-declaration if the Supplier shall have notified the Aggregator in accordance with the provisions of Clauses 16.517.5.

Declaration of Availability. 11.4.1 11.5.1 Unless otherwise notified by the Supplier[Supplier if Supplier is NOT a Trading Licensee, or Developer through the Supplier if Supplier is a Trading Licensee], the declared Availability shall, be deemed to be 100% (one hundred per cent) thereof at all times. 11.4.2 11.5.2 In the event that any shortfall in supply of electricity to the Aggregator GRIDCO occurs on account of any deficiency in intra state transmission accesssystem in accordance with clause 5.3, the Availability shall be deemed to be reduced to the extent of reduction in transmission of electricity, and the reduction referred to hereinabove shall be deemed as Non-Non- Availability on account of deficiency in transmission. For the avoidance of doubt and by way of illustration, the Parties agree that if such deficiency in transmission is equal to 20% (twenty per cent) of the entitlement of GRIDCO in the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by the [Supplier if Supplier is NOT a Trading Licensee, or Developer through the Supplier if Supplier is a Trading Licensee] to the Aggregator GRIDCO forthwith. 11.4.3 11.5.3 In the event that any shortfall in supply of electricity to GRIDCO occurs on account of shortage of Fuel, the Availability shall be deemed to be reduced to the extent of reduction in generation of electricity, and such reduction shall be deemed as Non- Availability on account of shortage of Fuel. For the avoidance of doubt and by way of illustration, the Parties agree that if the deficiency in generation is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by the [Supplier if Supplier is NOT a Trading Licensee, or Developer through the Supplier if Supplier is a Trading Licensee] to GRIDCO forthwith. Provided that where the Fuel is being supplied under allocated coal linkage, the Supplier shall have an option to arrange the Fuel from an alternate source. GRIDCO shall be intimated if the increase in Variable Charge is greater than 30 % (thirty percent). Provided that if GRIDCO does not schedule the power, the Supplier shall have the option to offer such power in the power exchange. Provided further that compliance of any order issued by the central government in respect of blending of imported fuel shall be binding on the parties. Provided also that in case of shortage of linkage coal and the Supplier arranges coal from alternate sources, the Energy Charge shall be calculated as per methodology specified in Schedule F. 11.5.4 The Supplier shall notify, no later than 15 (fifteen) days prior to the commencement of a month, its [if Supplier is NOT a Trading Licensee, or Developer’s if Supplier is a Trading Licensee] maintenance schedule for that month and any reduction in Availability arising as a result thereof. The Supplier shall, as soon as may be, notify any modifications of its [ if Supplier is NOT a Trading Licensee, or Developer’s if Supplier is a Trading Licensee] maintenance schedule and shall confirm, with or without modifications, the reduction in Availability no later than 48 (forty eight) hours prior to its occurrence. 11.4.4 11.5.5 In the event that the Availability at any time is determined to be lower than 100% (one hundred per cent) of the Contracted Capacity or the reduced Availability notified hereunder, an event of mis-declaration of Availability (the “Mis- Mis-declaration”) shall be deemed to have occurred. In such an event, the Availability for the relevant month shall, for the purposes of payment of Fixed Charge, be deemed to be reduced by the same proportion that Availability bears to Mis-declaration, as if the Mis-declaration had occurred for a period of one month. For the avoidance of doubt, the Parties agree that deductions on account of Mis-declaration shall be made from the subsequent payments due to the Supplier under this Agreement. 11.4.5 11.5.6 Notwithstanding the provisions of Clause 11.4.411.5.5, any reduction in Availability arising out of de-commissioning outage due to Emergency or a Force Majeure Event shall not be deemed to be Mis-Mis- declaration if the Supplier shall have notified the Aggregator GRIDCO in accordance with the provisions of Clauses 16.5Clauses17.5.

Declaration of Availability. 11.4.1 11.2.1 Unless otherwise notified by the SupplierConcessionaire, the declared Availability shall, be deemed to be 100% (one hundred per cent) thereof at all times. 11.4.2 11.2.2 In the event that any shortfall in supply of electricity to the Aggregator NMMC occurs on account of any deficiency in transmission accessbeyond the Delivery Point, the Availability shall be deemed to be reduced to the extent of reduction in transmission of electricity, and the reduction referred to hereinabove shall be deemed as Non-Availability on account of deficiency in transmission. For the avoidance of doubt and by way of illustration, the Parties agree that if such deficiency in transmission is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by the Supplier to the Aggregator forthwithAvailability. 11.4.3 11.2.3 The Supplier Concessionaire shall notify, no later than 15 (fifteen) days prior to the commencement of a month, its maintenance schedule for that month and any reduction in Availability arising as a result thereofthereof to RLDC/ SLDC/ NMMC. The Supplier Concessionaire shall, as soon as may be, notify any modifications of its maintenance schedule and shall confirm, with or without modifications, the reduction in Availability no later than 48 (forty forty-eight) hours prior to its occurrence. 11.4.4 11.2.4 In the event that the Availability at any time is determined to be lower than 100% (one hundred per cent) of the Contracted Capacity Normative Availability or the reduced Availability notified hereunder, an event of mis-declaration of Availability (the “Mis- declaration”) shall be deemed to have occurred. In such an event, the Availability for the relevant month shall, for the purposes of payment of Fixed ChargeTotal Monthly Charges, be deemed to be reduced by the same proportion that Availability bears to Mis-Mis- declaration, as if the Mis-declaration had occurred only for a the period of one 1(one) month. For the avoidance of doubt, the Parties agree that deductions on account of Mis-declaration shall be made from the subsequent payments due to the Supplier Concessionaire under this Agreement. 11.4.5 11.2.5 Notwithstanding the provisions of Clause 11.4.4Article 11.5.5, any reduction in Availability arising out of de-commissioning due to Emergency an Emergency, scheduled maintenance, non-scheduled electricity outage or a Force Majeure Event shall not be deemed to be Mis-declaration if the Supplier Concessionaire shall have notified the Aggregator in accordance with the provisions NMMC of Clauses 16.5such event.

Declaration of Availability. 11.4.1 11.2.1 Unless otherwise notified by the SupplierAggregator, the declared Availability shall, be deemed to be 100% (one hundred per cent) thereof at all times. 11.4.2 11.2.2 In the event that any shortfall in supply of electricity to the Aggregator Utility occurs on account of any deficiency in transmission accessbetween the Despatch Point and Delivery Point, the Availability shall be deemed to be reduced to the extent of reduction in transmission of electricity, and the reduction referred to hereinabove shall be deemed as Non-Availability on account of deficiency in transmission. For the avoidance of doubt and by way of illustration, the Parties agree that if such deficiency in transmission is equal to 20% (twenty per cent) of the Contracted Capacity, the Availability shall be deemed to be 80% (eighty per cent) and the Non-Availability hereunder shall be notified by the Supplier Aggregator to the Aggregator Utility forthwith. 11.4.3 11.2.3 The Supplier Aggregator shall notify, no later than 15 (fifteen) days prior to the commencement of a month, its Supplier’s maintenance schedule for that month and any reduction in Availability arising as a result thereof. The Supplier Aggregator shall, as soon as may be, notify any modifications of its Supplier’s maintenance schedule and shall confirm, with or without modifications, the reduction in Availability no later than 48 (forty eight) hours prior to its occurrence. 11.4.4 11.2.4 In the event that the Availability at any time is determined to be lower than 100% (one hundred per cent) of the Contracted Capacity or the reduced Availability notified hereunder, an event of mis-declaration of Availability (the “Mis- declaration”) shall be deemed to have occurred. In such an event, the Availability for the relevant month shall, for the purposes of payment of Fixed ChargeTariff, be deemed to be reduced by the same proportion that Availability bears to Mis-Mis- declaration, as if the Mis-declaration had occurred for a period of one month. For the avoidance of doubt, the Parties agree that deductions on account of Mis-Mis- declaration shall be made from the subsequent payments due to the Supplier Aggregator under this Agreement. 11.4.5 11.2.5 Notwithstanding the provisions of Clause 11.4.411.2.4, any reduction in Availability arising out of de-commissioning due to Emergency or a Force Majeure Event shall not be deemed to be Mis-declaration if the Supplier Aggregator shall have notified the Aggregator Utility in accordance with the provisions of Clauses 16.517.5.