Common use of Seller’s Scheduled Notices of Availability Clause in Contracts

Seller’s Scheduled Notices of Availability. Each day, between the hours of 12:01 a.m. and 5 a.m., commencing one week prior to the Expected Initial Delivery Date and continuing thereafter throughout the Services Term, Seller shall provide Buyer a complete and accurate Notice of the expected availability and Capacity of each Unit (as reasonably determined at that time) for that day and each of the next 13 days or such shorter period as the Buyer may specify from time to time, setting forth therein the percentage of, or the amount of, per Buyer’s specification, the Monthly Contract Capacity of the Units that is expected to be available for Scheduled Operations and a disclosure of the existence and expected duration of any Outage or any Instructed Operation, the amount of Capacity affected by such Outage and the nature and effect of the Instructed Operation on each Unit’s availability, regardless of whether or the extent to which a Unit is then or may be scheduled for dispatch; provided that such information shall be provided only for days that are part of the Services Term. Additionally, each month, commencing one month prior to the Expected Initial Delivery Date and continuing thereafter throughout the Services Term (at such time of month as agreed to by the Parties from time to time), Seller shall provide Buyer a complete and accurate Notice of the expected availability and Capacity of each Unit for the next calendar month (as reasonably determined at the time), setting forth therein the percentage of the Monthly Contract Capacity that is expected to be available for Scheduled Operations and a disclosure of the existence and expected duration of any Outages, and the amount of Capacity affected by such Outage. The Notices required pursuant to this Section 3.5(b)(i) shall be provided in the forms attached as Appendix III and referred to as “Scheduled Availability Notices.”

Seller’s Scheduled Notices of Availability. Each day, between the hours of 12:01 a.m. and 5 a.m., commencing one week prior to the Expected Initial Delivery Date and continuing thereafter throughout the Services Term, Seller shall provide Buyer a complete and accurate Notice of the expected availability and Capacity of each Unit (as reasonably determined at that time) for that day and each of the next 13 days or such shorter period as the Buyer may specify from time to time, setting forth therein the percentage of, or the amount of, per Buyer’s specification, the Monthly Contract Capacity of the Units that is expected to be available for Scheduled Operations and a disclosure of the existence and expected duration of any Outage or any Instructed Operation, the amount of Capacity affected by such Outage and the nature and effect of the Instructed Operation on each Unit’s availability, regardless of whether or the extent to which a Unit is then or may be scheduled for dispatch; provided that such information shall be provided only for days that are part of the Services Term. Additionally, each month, commencing one month prior to the Expected Initial Delivery Date and continuing thereafter throughout the Services Term (at such time of month as agreed to by the Parties from time to time), Seller shall provide Buyer a complete and accurate Notice of the expected availability and Capacity of each Unit for the next calendar month (as reasonably determined at the time), setting forth therein the percentage of the Monthly Contract Capacity that is expected to be available for Scheduled Operations and a disclosure of the existence and expected duration of any Outages, and the amount of Capacity affected by such Outage. The Notices required pursuant to this Section 3.5(b)(i) shall be provided as discussed in the forms attached as Appendix III and referred to as “Scheduled Availability Notices.”