Common use of Unavailability Notice Clause in Contracts

Unavailability Notice. O&R 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 O&R not later than three (3) Business Days before the applicable Operating Day. Owner shall update O&R 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 O&R’s personnel designated in Exhibit G to receive such communications. Owner shall accommodate O&R’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 O&R. Delivery of an Unavailability Notice shall be made by (in order of preference unless the Parties agree to a different order) electronic mail, facsimile transmission or, as a last resort, telephonically to O&R’s personnel designated in Exhibit G to receive such communications. Regardless of the 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 calculated for Guaranteed Availability under Section 6.03.

Unavailability Notice. O&R 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 the then current Outage Schedule or in an Unavailability Notice delivered to O&R not later than three (3) Business Days before the applicable Operating Day. Owner shall update O&R 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 O&R’s personnel designated in Exhibit G H to receive such communications. Owner shall accommodate O&R’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 O&R. Delivery Delivery‌ of an Unavailability Notice shall be made by (in order of preference unless the Parties agree to a different order) electronic mail, facsimile transmission or, as a last resort, telephonically to O&R’s personnel designated in Exhibit G H to receive such communications. Regardless Notwithstanding the delivery of the 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 calculated for applicable to the calculation of Guaranteed Availability under Section 6.03.

Unavailability Notice. O&R RG&E 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 the then current Outage Schedule or in an Unavailability Notice delivered to O&R RG&E not later than three (3) Business Days before the applicable Operating Day. Owner shall update O&R RG&E 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 O&RRG&E’s personnel designated in Exhibit G H to receive such communications. Owner shall accommodate O&RRG&E’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 O&R. RG&E. Delivery of an Unavailability Notice shall be made by (in order of preference unless the Parties agree to a different order) electronic mail, facsimile transmission or, as a last resort, telephonically to O&RRG&E’s personnel designated in Exhibit G H to receive such communications. Regardless Notwithstanding the delivery of the 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 calculated for applicable to the calculation of Guaranteed Availability under Section 6.036.3.

Unavailability Notice. O&R RG&E 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 the then current Outage Schedule or in an Unavailability Notice delivered to O&R RG&E not later than three (3) Business Days before the applicable Operating Day. Owner shall update O&R RG&E 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 O&RRG&E’s personnel designated in Exhibit G H to receive such communications. Owner shall accommodate O&RRG&E’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 O&R. RG&E. Delivery of an Unavailability Notice shall be made by (in order of preference unless the Parties agree to a different order) electronic mail, facsimile transmission or, as a last resort, telephonically to O&RRG&E’s personnel designated in Exhibit G H to receive such communications. Regardless Notwithstanding the delivery of the 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 calculated for applicable to the calculation of Guaranteed Availability under Section 6.03.