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 (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.

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 2.5.258.2 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.