Common use of Unavailability Notice Clause in Contracts

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. CHGE NYSEG 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 NYSEG not later than three (3) Calendar Business Days before the applicable Operating Day. Owner shall update CHGE NYSEG 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 CHGENYSEG’s personnel designated in Exhibit H to receive such communications. Owner shall accommodate CHGENYSEG’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 CHGENYSEG. 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 mail, facsimile transmission or, as a last resort, telephonically to CHGENYSEG’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. CHGE NYSEG 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 NYSEG not later than three (3) Calendar Business Days before the applicable Operating Day. Owner shall update CHGE NYSEG 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 CHGENYSEG’s personnel designated in Exhibit H to receive such communications. Owner shall accommodate CHGENYSEG’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 CHGENYSEG. 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 mail, facsimile transmission or, as a last resort, telephonically to CHGENYSEG’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 6.36.03.

Unavailability Notice. CHGE CECONY shall be entitled to assume that the Project will be available and capable of performing at the maximum Contract Capacity, Contract Capacity Energy, 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 CECONY not later than three (3) Calendar Business Days before the applicable Operating Day. Owner shall update CHGE CECONY 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 CHGECECONY’s personnel designated in Exhibit H G to receive such communications. Owner shall accommodate CHGECECONY’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 CHGECECONY. 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 mail, facsimile transmission or, as a last resort, telephonically to CHGECECONY’s personnel designated in Exhibit H G to receive such communications. Notwithstanding Regardless of the delivery duration of unavailability set forth in an Unavailability Notice, the Project shall be deemed to be unavailable for the duration of an Unplanned Outage as applicable to the calculation of calculated for Guaranteed Availability under Section 6.36.03.

Unavailability Notice. CHGE CECONY 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 CECONY not later than three (3) Calendar Business Days before the applicable Operating Day. Owner shall update CHGE CECONY 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 CHGECECONY’s personnel designated in Exhibit H to receive such communications. Owner shall accommodate CHGECECONY’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 a‌ form to be provided by CHGECECONY. 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 mail, facsimile transmission or, as a last resort, telephonically to CHGECECONY’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 6.36.03.