Unavailability Notice. CHGE shall be entitled to assume that the Project will be available and capable of performing at the maximum Contract Capacity, Charging Capacity and Discharging Capacity as set forth on Exhibit D during each Settlement Interval of each Operating Day, except as otherwise noted in the then current Outage Schedule or in an Unavailability Notice delivered to CHGE not later than three (3) Calendar Days before the applicable Operating Day. Owner shall update CHGE immediately if the Available Capacity of the Project changes or is likely to change. Owner must follow up all such updates with updates sent via electronic mail to CHGE’s personnel designated in Exhibit H to receive such communications. Owner shall accommodate CHGE’s reasonable requests for changes in the time or form of delivery of the Unavailability Notices. If an electronic submittal is not available, or is not possible for reasons beyond Owner’s control, Owner may provide Unavailability Notices using a form to be provided by CHGE. Delivery of an Unavailability Notice shall be made by (in order of preference unless the Parties agree to a different order) electronic mail or telephone to CHGE’s personnel designated in Exhibit H to receive such communications. Notwithstanding the delivery of an Unavailability Notice, the Project shall be deemed to be unavailable for the duration of an Unplanned Outage as applicable to the calculation of Guaranteed Availability under Section 6.3.
Unavailability Notice. (a) The Operator may at any time, acting as a Reasonable and Prudent Person, give notice (an Unavailability Notice) to the Shipper that Overrun Gas is unavailable to the Shipper, or is only available to the Shipper to a limited extent, for one or more Gas Days, but only to the extent that the Shipper overrun will impact or is likely to impact on any other shipper's entitlement to its Daily Nomination for any Capacity Service including allocated Spot Capacity. The Operator must, at the same time, give an Unavailability Notice to all other shippers that are taking Overrun Gas, the taking of which, due to the location on the DBNGP at which the Overrun Gas is being taken, has an impact on the ability of the Operator to Deliver Gas to meet its obligations to shippers.
(b) The Operator must use reasonable endeavours to give the Shipper and all other shippers advance notice (which may be by written notice or otherwise) which is reasonable in the circumstances of any unavailability or limited availability of Overrun Gas.
(c) Any Curtailment Notice issued under clause 17 for any period is taken to constitute an Unavailability Notice indicating that Overrun Gas is wholly unavailable for the same period unless the Curtailment:
(i) is a Point Specific Curtailment;
(ii) does not affect Gas Transmission Capacity generally; and
(iii) does not affect the Outlet Point at which the Overrun Gas is being Received by the Shipper.
Unavailability Notice. Teachers shall be informed of a telephone number that may be called before 7:00 a.m. to report unavailability. It shall be the responsibility of the Administration to arrange for a substitute certified teacher.
Unavailability Notice. 6.1 If on any renewal of any Insurance, such Insurance becomes or has become Unavailable in respect of a risk relating to the IP Works previously covered by such Insurance, then IP OpCo shall:
(a) notify the Secretary of State within ten (10) Business Days of IP OpCo becoming aware that such Insurance is Unavailable in respect of such risk (an "Unavailability Notice"); and
(b) approach the insurance markets on a regular basis, and in any event at least every four months, to establish whether such Insurance remains Unavailable in respect of such risk, in each case keeping the Secretary of State fully informed as to the results of each such approach. As soon as IP OpCo is aware that such Insurance becomes Available in respect of such risk, IP OpCo shall take out and maintain, or procure the taking out and maintenance of, the applicable Insurance in respect of such risk (to be incepted as soon as is reasonably practicable) on the terms set out in the Approved Insurance Schedule.
6.2 Where, following delivery by IP OpCo to the Secretary of State of an Unavailability Notice, IP OpCo and the Secretary of State agree, or it is otherwise determined in accordance with the Dispute Resolution Process, that the following conditions have been satisfied, namely that:
(a) the relevant Insurance is Unavailable in respect of the relevant risk (an
(b) the Insurance has not become Unavailable in respect of the Uninsured Risk as a result of any criminal activity, fraud or wilful default by IP OpCo; and
(c) it has been reasonably demonstrated that a prudent board of directors of a company engaged in the delivery of significant infrastructure assets within the United Kingdom (but without the overriding statutory rights and duties of IP OpCo as a designated infrastructure provider) would in similar circumstances, acting reasonably and in the best interests of the company, resolve to cease to operate such business as a result of that Insurance becoming Unavailable in respect of the relevant risk, taking into account inter alia (and without limitation) the likelihood that the risk that is no longer covered by the Insurance occurring (if it has not already occurred), the financial consequences for such company if such Uninsured Risk did occur (or has occurred) and other mitigants against such consequences which may be available, then the Secretary of State shall provide notice in writing to IP OpCo within ten (10) Business Days of such agreement or determination confirming satisfac...
Unavailability Notice. Teachers will have access to an electronic absence reporting system available to them for reporting unavailability. Teachers will make every effort to report their absence by 6:00 AM on the day of their absence. It shall be the responsibility of the Administration to arrange for a substitute teacher.
Unavailability Notice. Operator shall provide Notice to Owner as soon as possible but not later than fifteen minutes after learning of an event or circumstance, including a Force Majeure Event, which could be reasonably likely to cause the performance of Operator hereunder or any Facility to vary in any material respect. Unless Operator provides such Notice, the availability of Electricity at the EDP for all in each such Day shall be deemed for all purposes hereunder to be one hundred percent (100%) of the Electric Hourly Quantity at the EDP. As soon as Operator discovers the extent to which Operator’s performance will be affected by such event, Operator shall again provide Notice to Owner stating the extent to which Operator will be unable to perform hereunder and the duration of such nonperformance.
Unavailability Notice. Seller shall provide Notice to Buyer withias soon as possible but not later than fifteen minutes ofafter learning of an event or circumstance, including a Force Majeure Event, which could be reasonably likely to cause the performance of Seller hereunder to vary in any material respect. Unless Seller provides such Notice, the availability of Electricity at an EDP for all On Peak Hours in each such Day shall be deemed for all purposes hereunder to be one hundred percent (100%) of the Electric Hourly Quantity at that EDP. As soon as Seller discovers the extent to which Seller’s performance will be affected by such event, Seller shall again provide Notice to Buyer stating the extent to which Seller will be unable to perform hereunder and the duration of such nonperformance.
Unavailability Notice. RG&E shall be entitled to assume that the Project will be available and capable of performing at the maximum Contract Capacity, ChargingCapacity and Discharging Capacity as set forth on Exhibit D during each Settlement Interval of each Operating Day, except as otherwise noted in the then current Outage Schedule or in an Unavailability Notice delivered to RG&E not later than three (3) Business Days before the applicable Operating Day. Owner shall update RG&E immediately if the Available Capacity of the Project changes or is likely to change. Ownermust follow up all such updates with updates sent via electronic mail to RG&E’s personnel designated in Exhibit H to receive such
