Limitation on Availability Payments; Nature of Availability Payments Sample Clauses

Limitation on Availability Payments; Nature of Availability Payments. (a) The Peak Availability Payments in respect of any Contract Year shall not exceed the product of (i) the Peak Availability Target for such Contract Year minus the Peak Availability Factor for such Contract Year, multiplied by (ii) the Capacity Payments payable by Gulf Power in respect of such Contract Year (which Capacity Payments shall be determined taking into account any adjustment under Section 4.1(b) but without regard to any adjustments under Section 4.1(c) or 4.1(d)), multiplied by (iii) [**]. (b) The total of all Availability Payments in respect of any Contract Year shall not exceed (i) [**] payable by Gulf Power in respect of such Contract Year minus (ii) any reductions in Capacity Payments pursuant to Sections 4.1(c) and 4.1(d) with respect to such Contract Year. (c) Gulf Power and Shell hereby acknowledge and agree that the terms, conditions and amounts fixed pursuant to Sections 8.7 and 8.8 and Exhibits 8.7 and 8.8 for Availability Payments are reasonable, considering the losses and damages that Gulf Power will sustain in the event the Peak Availability Factor is less than the Peak Availability Target in any Peak Availability Measurement Period or the Off Peak Availability Factor is less than the Off Peak Availability Target in any Off Peak Availability Measurement Period. The amounts of the Availability Payments are agreed upon and fixed by the Parties because of the difficulty of ascertaining the exact amount of losses and damages that will be actually sustained by Gulf Power in any such event. The Parties agree that the Availability Payments are not penalties and shall be applicable regardless of the amount of losses and damages actually sustained by Gulf Power. The payment of any Availability Payments shall not affect Gulf Power’s rights under Sections 11.3 and 11.5(f).
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Related to Limitation on Availability Payments; Nature of Availability Payments

  • 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.

  • Minimum Amounts; Limitation on Number of Borrowings At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $1,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $1,000,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.08(e). Borrowings of more than one Type may be outstanding at the same time, provided that there shall not at any time be more than a total of 8 Eurodollar Borrowings outstanding. Notwithstanding any other provision of this Agreement, the Borrower shall not be entitled to request, or to elect to convert or continue, any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

  • 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.

  • FUNDS AVAILABILITY POLICY This policy statement applies to all accounts. Our policy is to make funds from your cash and check deposits available to you on the same day we receive your deposit. At that time, you can withdraw the funds in cash, and we will use the funds to pay checks you have written. Please remember even after we have made funds available to you and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit. For determining the availability of your deposits, every day is a business day except Saturdays, Sundays and Federal holidays. If you make a deposit before closing on a business day we are open, we will consider that day to be the day of your deposit; however, if you make a deposit after closing or on a day we are not open we will consider the deposit was made on the next business day we are open. If we cash a check for you drawn on another financial institution, we may withhold the availability of a corresponding amount of funds already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it. If we accept for deposit a check drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would not be available for withdrawal until the time periods described elsewhere in this disclosure for the type of check you deposited. If we are not going to make all of the funds from your deposit available on the same day we receive your deposit, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees or if we decide to take this action after you have left the premises, we will mail you the notice no later than the day after we received your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available.  We believe a check you deposit will not be paid.  You deposit checks totaling more than $5,000 on any one day.  You redeposit a check that has been returned unpaid.  You have overdrawn your account repeatedly in the last six months.  There is an emergency, such as failure of computer or communications equipment. We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available.  0000 X Xxxxxx Xx – Alpena, MI 49707  1013 US 00 X – Xxxxxx, XX 00000  0000 X Xxxxxxxx Xx – Alpena, MI 49707 (Withdrawals only, located inside Alpena Regional Medical Center)  12285 Jerome St – Atlanta, MI 49709  000 X Xxxxxx Xx – Xxxxxxx, XX 00000  000 X Xxxxx Xx – Xxxxxx, XX 00000  11610 US 23 S – Ossineke, MI 49766  118 X X‐55 – Tawas City, MI 48764 You may only make deposits to ATMs located in the State of Michigan.

  • Non-Availability of Funds The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO’s obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor.

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

  • 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.

  • Payments Reductions of Commitments Prepayments 73 2.5. Promise to Pay; Promissory Notes. 78

  • 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.

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