Common use of Operational Availability Clause in Contracts

Operational Availability. Lessor warrants that the percentage of time during which the Equipment is available for normal operations during any month of the term of this Agreement, excluding time necessary for normal scheduled maintenance, shall equal or exceed ninety-five percent (95%) of the total time available (the operational availability), or such other operational availability percentage as may be specifically set forth in the Purchase Order. In the event that the operating characteristics of the Equipment or any item of Equipment fall below such operational availability percentages by five percent (5%) or more during any 90 day period, or by ten percent (10%) or more during any 30 day period, Lessor agrees at Lessee’s request to replace promptly such Equipment or item of Equipment with new equipment so as to attain ninety-five percent (95%) operational availability.