Common use of Summer Period Availability and Winter Period Availability Clause in Contracts

Summer Period Availability and Winter Period Availability. (a) The Service Provider shall procure that the Facility is available during the Year to deliver the Summer Period Availability and Winter Period Availability. (b) The Service Provider shall monitor the Service Availability in respect of the Facility throughout the Year. No later than one Month after the end of each Summer Period and each Winter Period, the Service Provider shall demonstrate the total Service Availability (in hours) for the Summer Period or Winter Period (as the case may be) in respect of the Facility, providing supporting evidence (in a form satisfactory to the Customer, acting reasonably). (c) Where the total Service Availability (in hours) for the Summer Period in the Year is: (i) less than 100% of the Summer Period Availability (save where such unavailability is due to an event of Force Majeure, duly and properly notified under Clause 12.2), the Service Provider shall pay to the Customer 10% of the base Service Fee (prior to any deductions for unavailability) attributable to that Summer Period; and (ii) less than 80% of the Summer Period Availability (save where such unavailability is due to an event of Force Majeure, duly and properly notified under Clause 12.2), the Service Provider shall refund to the Customer 100% of the Service Fee paid or payable in respect of that Summer Period. (d) Where the total Service Availability (in hours) for the Winter Period in the Year is: (i) less than 100% of the Winter Period Availability (save where such unavailability is due to an event of Force Majeure, duly and properly notified under Clause 12.2), the Service Provider shall pay to the Customer 10% of the base Service Fee (prior to any deductions for unavailability) attributable to that Winter Period; and (ii) less than 80% of the Winter Period Availability (save where such unavailability is due to an event of Force Majeure, duly and properly notified under Clause 12.2), the Service Provider shall refund to the Customer 100% of the Service Fee paid or payable in respect of that Winter Period. (e) Any payments calculated in accordance with this Clause 7.3 and payable to the Customer shall be credited against sums due under the next invoice produced by the Service Provider in accordance with Clause 9.6. Where no further invoice is to be produced pursuant to Clause 9.6, the Customer shall be entitled to raise an invoice pursuant to Clause 9.8.

Summer Period Availability and Winter Period Availability. (a) The Service Provider shall procure that the Facility is available during the Year to deliver the Summer Period Availability and Winter Period Availability. (b) The Service Provider shall monitor the Service Availability in respect of the Facility throughout the Year. No later than one Month after the end of each Summer Period and each Winter Period, the Service Provider shall demonstrate the total Service Availability (in hours) for the Summer Period or Winter Period (as the case may be) in respect of the Facility, providing supporting evidence (in a form satisfactory to the Customer, acting reasonably). (c) Where the total Service Availability (in hours) for the Summer Period in the Year is: (i) less than 100% of the Summer Period Availability (save where such unavailability is due to an event of Force Majeure, duly and properly notified under Clause 12.2), the Service Provider shall pay to the Customer 10% of the base Service Fee (prior to any deductions for unavailability) attributable to that Summer Period; and (ii) less than 80% of the Summer Period Availability (save where such unavailability is due to an event of Force Majeure, duly and properly notified under Clause 12.2), the Service Provider shall refund to the Customer 100% of the Service Fee paid or payable in respect of that Summer Period. (d) Where the total Service Availability (in hours) for the Winter Period in the Year is: (i) less than 100% of the Winter Period Availability (save where such unavailability is due to an event of Force Majeure, duly and properly notified under Clause 12.2), the Service Provider shall pay to the Customer 10% of the base Service Fee (prior to any deductions for unavailability) attributable to that Winter Period; and (ii) less than 80% of the Winter Period Availability (save where such unavailability is due to an event of Force Majeure, duly and properly notified under Clause 12.2), the Service Provider shall refund to the Customer 100% of the Service Fee paid or payable in respect of that Winter Period. (e) Any payments calculated in accordance with this Clause 7.3 7.2 and payable to the Customer shall be credited against sums due under the next invoice produced by the Service Provider in accordance with Clause 9.69.5. Where no further invoice is to be produced pursuant to Clause 9.69.5, the Customer shall be entitled to raise an invoice pursuant to Clause 9.89.6.

Summer Period Availability and Winter Period Availability. (a) The Service Provider shall procure that the Facility is Facilities are available during the Year to deliver the Summer Period Availability and Winter Period Availability. (b) The Service Provider shall monitor the Service Availability in respect of the Facility Facilities throughout the Year. No later than one Month after the end of each Summer Period and each Winter Period, the Service Provider shall demonstrate the total Service Availability (in hours) for the Summer Period or Winter Period (as the case may be) in respect of the FacilityFacilities, providing supporting evidence (in a form satisfactory to the Customer, acting reasonably). (c) Where the total Service Availability (in hours) for the Summer Period in the Year is: (i) less than 100% of the Summer Period Availability (save where such unavailability is due to an event of Force Majeure, duly and properly notified under Clause 12.2), the Service Provider shall pay to the Customer 10% of the base Service Fee (prior to any deductions for unavailability) attributable to that Summer Period; and (ii) less than 80% of the Summer Period Availability (save where such unavailability is due to an event of Force Majeure, duly and properly notified under Clause 12.2), the Service Provider shall refund to the Customer 100% of the Service Fee paid or payable in respect of that Summer Period. (d) Where the total Service Availability (in hours) for the Winter Period in the Year is: (i) less than 100% of the Winter Period Availability (save where such unavailability is due to an event of Force Majeure, duly and properly notified under Clause 12.2), the Service Provider shall pay to the Customer 10% of the base Service Fee (prior to any deductions for unavailability) attributable to that Winter Period; and (ii) less than 80% of the Winter Period Availability (save where such unavailability is due to an event of Force Majeure, duly and properly notified under Clause 12.2), the Service Provider shall refund to the Customer 100% of the Service Fee paid or payable in respect of that Winter Period. (e) Any payments calculated in accordance with this Clause 7.3 7.2 and payable to the Customer shall be credited against sums due under the next invoice produced by the Service Provider in accordance with Clause 9.69.4. Where no further invoice is to be produced pursuant to Clause 9.69.4, the Customer shall be entitled to raise an invoice pursuant to Clause 9.89.5.