Non-Availability Discount Sample Clauses

Non-Availability Discount. (i) During each month of the Services Term in which the Availability of the Units is less than the applicable Guaranteed Availability, the Availability Adjustment (“AA”), measured as a percentage, shall be determined as follows: For Summer Months: If Availability is greater than 97% but less than 99%, then AA=100%; if Availability is 97% or less, but no less than 70%, then AA = 100% - [(98% - Availability) * 2]; and if Availability is less than 70% then AA=0 For Non-Summer Months: If Availability is greater than 93%, then AA=100%; if Availability is 93% or less, but no less than 60%, then AA = 100% - [(94% - Availability) * 2]; and If Availability is less than 60%, then AA=0 (ii) Unavailability shall not result in a breach or Event of Default hereunder except as provided in Section 5.1(a)(v) or (vi). In addition to the above, in the event that the Units fail to meet the standards established by the CAISO for the provision of Ancillary Services (e.g., Section 8.2 of the CAISO Tariff, or such additional, replacement or substitute standards as may be applicable from time to time), the Seller shall be liable for an amount equal to the charges assessed on Buyer due to such failure.
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Non-Availability Discount. (i) During each month of the Services Term in which the Availability of the Units is less than the applicable Guaranteed Availability, the Availability Adjustment (“AA”), measured as a percentage, shall be determined as follows: For Summer Months: If Availability is greater or equal to 98% but less than 99%, then AA=100%; if Availability is less than 98%, but no less than 70%, then AA = 100% - [(98% - Availability) * 2]; and if Availability is less than 70% then AA=0 For Non-Summer Months: If Availability is greater or equal to 96%, then AA=100%; if Availability is less than 96%, but no less than 60%, then AA = 100% - [(96% - Availability) * 2]; and If Availability is less than 60%, then AA=0 (ii) Unavailability shall not result in a breach or Event of Default hereunder except as provided in Section 5.1(a) (v) or (vi).
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Related to Non-Availability Discount

  • Undrawn Availability After giving effect to the initial Advances hereunder, Borrowers shall have Undrawn Availability of at least $10,000,000;

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

  • 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.

  • Maximum Credit Patheon's liability for Active Materials calculated in accordance with this Section 2.2 for any Product in a Year will not exceed, in the aggregate, the Maximum Credit Value set forth in Schedule D to a Product Agreement.

  • 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.

  • 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.

  • 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.

  • Maximum Amount Payable The maximum amount payable under this contract without modification is shown in Attachment E, Fee Schedule. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party.

  • Minimum Amount of Each Borrowing; Maximum Number of Borrowings The aggregate principal amount of each Borrowing of Loans shall be in a multiple of $100,000 and shall not be less than the Minimum Borrowing Amount. More than one Borrowing may occur on any date; provided that at no time shall there be outstanding more than four (4) Borrowings of LIBOR Loans under this Agreement.

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