Guaranteed Interim Availability Clause Samples

Guaranteed Interim Availability. For the Farrukhabad-Fatehgarh Facilities, the Concessionaire shall ensure that the following assets are 100% available to convey, pump, accept and/or treat Sewage (together, the Guaranteed Interim Availability) during mentioned time period (A) Fatehgarh STP 3, from effective date to Farrukhabad-Fatehgarh COD (B) Farrukhabad STP, from Farrukhabad COD to Farrukhabad- Fatehgarh COD (C) Fatehgarh STP 2, from Fatehgarh STP 2 COD to Farrukhabad- Fatehgarh COD (D) Fatehgarh STP 1, from Fatehgarh STP 1 COD to Farrukhabad- Fatehgarh COD
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Guaranteed Interim Availability. (i) The Concessionaire shall ensure that from the Effective Date: (A) until the Mirzapur Facilities COD, 14 MLD of the total Design Capacity of the Existing Mirzapur STP at Pakka Pokhra is 100% available to convey, pump, accept and treat Sewage. (the Guaranteed Interim Availability). (ii) In computing the Interim Availability, the Concessionaire agrees that the relevant STP will be deemed to be Available at all times, other than during the period of: (A) an Unscheduled Outage affecting such STP; (B) a Power Outage affecting such STP; (C) an Emergency affecting such STP, attributable to the Concessionaire, during which the STP will be deemed to be not Available. (iii) Notwithstanding anything to the contrary contained in this Agreement, during the period of a Forced Unavailability or a Force Majeure, the STP affected by such Forced Unavailability or a Force Majeure will be deemed to be Available. Provided that, during the period of any approved Scheduled Outage, the Concessionaire shall continue to undertake the cleaning process and remove floating material from the Sewage prior to the disposal of effluent in the existing channels. (iv) If the Concessionaire fails to achieve the Guaranteed Interim Availability for the Mirzapur Facilities, then the Concessionaire shall pay the interim availability liquidated damages as set out in Schedule 7 (Interim Availability Liquidated Damages), prior to issuance of the relevant COD Certificate. It is clarified that if more than one of the STPs mentioned above fail to achieve the Guaranteed Interim Availability during the Construction Period, then the Concessionaire shall be liable to pay the Interim Availability Liquidated Damages separately for each such STP. (v) The aggregate Guaranteed Interim Availability Liquidated Damages payable by the Concessionaire in any quarter of the Construction Period will be deducted from the Construction Payments due to the Concessionaire for such quarter. If the Guaranteed Interim Availability Liquidated Damages for a quarter exceed the Construction Payments for such quarter, then the excess amounts shall, at the discretion of the Executive Agency, either be adjusted against the Construction Payments for the subsequent quarter or recovered from the Performance Securities.
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Related to Guaranteed Interim Availability

  • Guaranteed Indebtedness No Credit Party shall create, incur, assume or permit to exist any Guaranteed Indebtedness except (a) by endorsement of instruments or items of payment for deposit to the general account of any Credit Party, and (b) for Guaranteed Indebtedness incurred for the benefit of any other Credit Party if the primary obligation is expressly permitted by this Agreement.

  • Funds Availability For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays and legal banking holidays in the State of Utah.

  • 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.

  • 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.

  • Excess Availability Borrowers shall maintain Excess Availability at ------------------- all times of at least $4,500,000.