Facility Availability Status Sample Clauses

Facility Availability Status. (a) Seller shall no later than [*] minutes after Seller's receipt of a Dispatch Notice notify Xxxxxxxx of (i) the Facility's expected availability during the Dispatch Period identified in such Dispatch Notice and (ii) if the Facility is to be available, the expected volume of Natural Gas required to comply with the Dispatch Notice. To the extent Seller does not notify Xxxxxxxx within such [*] minute period, the Facility shall be deemed Fully Available. (b) When a Dispatch Period has been requested by Xxxxxxxx and accepted by Seller, Seller shall have until the end of the Allocated Start-Up Duration to produce the requested output level. (c) If, at the end of the Allocated Start-Up Duration, the Facility is unable to produce the requested output level or if Seller notifies Xxxxxxxx pursuant to Section 8.7(a) above that the Facility or any portion thereof is unavailable, the Facility shall then be considered to be in a Total or Partial Forced Outage. The Facility will remain in this status until such time as Xxxxxxxx is notified by the Seller that the Facility is again Fully Available for Dispatch and, at Xxxxxxxx' option can demonstrate this availability over a two hour period. At the end of the fully or partially successful demonstration, the Facility will be considered to be Fully or Partially Available, respectively. If, however, Xxxxxxxx elects not to dispatch the Facility when Seller notifies Xxxxxxxx of the Facility's availability, then Seller may choose to demonstrate Facility Availability as specified above, subject to the Seller being responsible for any costs, providing however, that the Host Utility is able to accept the energy produced. If Seller chooses not to test or if the Host Utility, in its sole judgment, would not be able to accept the Energy produced during such a demonstration, then Xxxxxxxx shall recognize the Facility as being available; provided, however, that if the Facility is unavailable at the next Scheduled Dispatch Period request, the Facility will then be considered to be continuously unavailable from the time of the original request.
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Related to Facility Availability Status

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.

  • System Availability Although we will try to provide continuous access to the Service, we cannot and do not guarantee that the Service will be available 100% of the time and will not be liable in the event Service is unavailable. Actual service or network performance is dependent on a variety of factors outside of our control. If you notify us within twenty-four (24) hours and we confirm an outage consisting of a period of two (2) hours in any calendar month, and not due to any service, act, or omission of you, a third party, your applications, equipment or facilities, or reasons outside of our control, you shall be eligible for a service credit. A service credit shall be computed as a pro-rated charge for one day of the regular monthly fees for the Service in the next monthly statement. Intermittent service outages for periods of less than two (2) hours are not considered service outages. Outages caused by routine scheduled maintenance are also not considered an outage. You shall receive advance notice no less than forty-eight (48) hours in advance of our scheduled maintenance. Scheduled maintenance will be performed between 12:00 a.m. and 6:00 a.m. CST.

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

  • FUNDING AVAILABILITY This Contract is contingent upon the continued availability of funding. If funds become unavailable through the lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidation or any other disruptions of current appropriations, DFPS will reduce or terminate this Contract.

  • EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.

  • High Availability Registry Operator will conduct its operations using network and geographically diverse, redundant servers (including network-­‐level redundancy, end-­‐node level redundancy and the implementation of a load balancing scheme where applicable) to ensure continued operation in the case of technical failure (widespread or local), or an extraordinary occurrence or circumstance beyond the control of the Registry Operator. Registry Operator’s emergency operations department shall be available at all times to respond to extraordinary occurrences.

  • Excess Availability Borrowers shall have Excess Availability at all times of at least (i) as of any date of determination during the period from July 25, 2016 through and including August 29, 2016, $10,000,000, (ii) as of any date of determination during the period from August 30, 2016 through and including October 17, 2016, $13,000,000, (iii) as of any date of determination during the period from October 18, 2016 through and including October 31, 2016, $17,500,000, and (iv) as of any date of determination during the period from November 1, 2016 through and including December 31, 2016, $20,000,000.

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