Common use of Non-Availability Discount Clause in Contracts

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

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 97or equal to 98% but less than 99%, then AA=100%; if Availability is 97% or lessless 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 than 93or equal to 96%, then AA=100%; if Availability is 93% or lessless than 96%, but no less than 60%, then AA = 100% - [(9496% - Availability) * 2]; and If Availability is less than 60%, then AA=0