Guaranteed Storage Availability Sample Clauses

Guaranteed Storage Availability. 25 (a) During the Delivery Term, the Facility shall maintain a Monthly Storage Availability during each month of no less than ninety-seven percent (97%) (the “Guaranteed Storage Availability”) which Monthly Storage Availability shall be calculated in accordance with Exhibit L. (b) If the Monthly Storage Availability during any month is less than the Guaranteed Storage Availability, the Buyer’s payment for the Storage Product shall be calculated by reference to the Availability Adjustment (as determined in accordance with Exhibit L).
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Guaranteed Storage Availability. The ESS shall maintain an Annual Storage Availability of no less than eighty percent (80%) (the “Guaranteed Storage Availability”) during each Contract Year commencing with the second (2nd) Contract Year. If the Storage Availability of the ESS during a Contract Year is less than the Guaranteed Storage Availability, then Seller shall cure such failure by paying to Buyer, as liquidated damages, an Availability Payment Adjustment calculated in accordance with Exhibit M to this Agreement for such Contract Year. The invoice for such Availability Payment Adjustment will include a written statement explaining in reasonable detail the calculation of such Availability Payment Adjustment in accordance with Exhibit M.
Guaranteed Storage Availability. [percentage of hours each month that Seller agrees the Storage Units will be available] %
Guaranteed Storage Availability. (a) For each full calendar month during the Delivery Term starting with the second full month, Seller guarantees that the Storage Facility shall achieve an actual availability (the “Actual Availability”, as calculated in accordance with Appendix Q) not less than ninety- seven percent (97.0%) (the “Guaranteed Storage Availability”). (b) If for any full calendar month during the Delivery Term starting with the second full month, the Actual Availability is less than the Guaranteed Storage Availability, then Buyer shall be entitled to Availability Liquidated Damages Offsets (“Availability Liquidated Damages Offsets” or “ALDOs”) to apply against payments otherwise due from Buyer to Seller for Facility Energy delivered in such month in accordance with the provisions of this Section 6.7. For each month “m” for which ALDOS are so payable, the ALDOs shall be calculated as follows: With respect to Facility Energy delivered in the applicable month other than Excess Energy and Surplus Energy: and with respect to Availability Liquidated Damages Offsets in such month applicable to all Excess Energy: where:

Related to Guaranteed Storage Availability

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • Minimum Excess Availability Borrower shall have Excess Availability under the Revolving Credit Loans facility of not less than the amount specified in the Schedule, after giving effect to the initial advance hereunder and after giving effect to any applicable Loan Reserves against borrowing availability under the Revolving Credit Loans.

  • 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.

  • 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.

  • 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.

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