Annual EAF definition

Annual EAF has the meaning set forth in Section 4.4(a) (Annual Equivalent Availability Factor and Liquidated Damages).
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Examples of Annual EAF in a sentence

  • A deration or outage required by Company pursuant to the preceding sentence shall be considered an Unplanned Deration and shall “count against” Seller for the purpose of calculating the Annual EAF and Annual EFOF until the conditions that led to the deration or outage are resolved by Seller and Seller notifies Company of same.

  • For purposes of determining liquidated damages under this Section 4.4(a) (Annual Equivalent Availability Factor and Liquidated Damages), the Annual EAF for the Measurement Period in question shall be rounded to the nearest one-tenth of one percent (0.001).

  • In the event the cause for any shutdown in this Section 9.6 (Shutdown For Lack of Reliable Real Time Data) falls within the definition of Seller-Attributable Unavailability, such period of time shall be allocated as such for purposes of calculating the Annual EAF under Section 4.4(a) (Annual Equivalent Availability Factor and Liquidated Damages) of this Agreement until such time as the successful completion of such corrective measures and/or repairs has been communicated by Seller to Company.

  • Although the liquidated damages that are payable if the Annual EAF fails to satisfy the EAF Performance Metric address this issue in certain of the circumstances when the Facility or a portion thereof is unable to receive or deliver electric energy, the Annual EAF does not account for events of Force Majeure because such events are included in the ExcludedTime classification under Attachment U (Annual Equivalent Availability Factor) to this Agreement.

  • Beginning with the Quarterly Report for the last Measurement Period of the initial Contract Year, Seller shall include calculations of (a) the Capacity Ratio, the RTE Ratio, the Annual EAF and the Annual EFOF for the Measurement Period, as well as (b) any liquidated damages to be assessed, as set forth in the form of Quarterly Report set forth in Section 1 (Quarterly Report) of said Attachment S (Quarterly Reporting and Dispute Resolution by Independent Evaluator).

  • For the purposes of calculating the Annual EAF for the first three (3) full Measurement Periods in the first Contract Year, the calculation will assume that the Facility is one hundred percent (100%) available for the remaining hours of the Contract Year.

  • Within ten (10) Business Days after Company’s receipt of a Quarterly Report, Company shall provide written notice to Seller of any Quarterly Report Disagreement, including with respect to the data for the Measurement Period covered by such Quarterly Report and Seller’s calculation of, as applicable, any of the Capacity Ratio, the RTE Ratio, the Annual EAF or the Annual EFOF for the Measurement Period in question (“Notice of Disagreement”).

  • If Company disagrees with Seller’s position, and if, for each of the three preceding Contract Years, the Annual EAF was less than 94%, the Capacity Ratio was less than the Tier 1 bandwidth under Section 4.3(a) (Capacity Test and Liquidated Damages) for such Contract Year, then the parties shall commission a study by a Qualified Consultant selected from among the entities listed in Attachment D (Consultants List) and the Qualified Consultant will make a recommendation to remedy the situation.

  • If Company disagrees with Seller’s position, and if, for each of the three preceding Contract Years, the Annual EAF was less than 94% and/or the Capacity Ratio was less than the Tier 1 bandwidth under Section 4.3(a) (Capacity Test and Liquidated Damages) for such Contract Year, then the parties shall commission a study by a Qualified Consultant selected from among the entities listed in Attachment D (Consultants List) and the Qualified Consultant will make a recommendation to remedy the situation.

  • Seller shall include calculations of (a) the Capacity Ratio, the RTE Ratio, the Annual EAF and the Annual EFOF for the Measurement Period, as well as (b) any liquidated damages to be assessed, as set forth in the form of Annual Report set forth in Section 1 (Annual Report) of said Attachment S (Annual Reporting and Dispute Resolution by Independent Evaluator).

Related to Annual EAF

  • Annual Earnings means your gross annual income from your Employer, not including shift differential, in effect just prior to the date of loss. It includes your total income before taxes. It is prior to any deductions made for pre-tax contributions to a qualified deferred compensation plan, Section 125 plan or flexible spending account. It does not include income received from commissions, bonuses, overtime pay or any other extra compensation or income received from sources other than your Employer.

  • Annual EBITDA means, with respect to any Project or Minority Holding, as of the first day of each fiscal quarter for the immediately preceding consecutive four fiscal quarters, an amount equal to (i) total revenues relating to such Project or Minority Holding for such period, less (ii) total operating expenses relating to such Project or Minority Holding for such period (it being understood that the foregoing calculation shall exclude non-cash charges as determined in accordance with GAAP). Each of the foregoing amounts shall be determined by reference to the Borrower’s Statement of Operations for the applicable periods. An example of the foregoing calculation is set forth on Exhibit G hereto.

  • Annual Compensation means the wages paid to the member during covered employment within the meaning of Section 3401(a) of the Internal Revenue Code, but determined without regard to any rules that limit the remuneration included in wages based upon the nature or location of employment or services performed during the plan year plus amounts excluded under Section 414(h)(2) of the Internal Revenue Code and less reimbursements or other expense allowances, cash, or noncash fringe benefits or both, deferred compensation, and welfare benefits. Annual compensation for determining benefits during any determination period may not exceed the maximum compensation allowed as adjusted for cost of living in accordance with §5-10D-7 of this code and Section 401(a)(17) of the Internal Revenue Code.

  • Annual Cash Compensation means the sum of (a) the highest annual Base Salary in effect for the Executive and (b) the greater of (i) the Executive’s bonus for the most recently-completed year, if any, or (ii) the annualized amount of the Executive’s target bonus for the then current year.

  • Annual Contribution means the annual payment to the Fund made by each Member in return for Coverage by the Fund for a Fund Year;

  • Annual Salary means the salary given under this Part.

  • Compensation Year means a period of 12 months expiring 31 March in any year;

  • Deferral Year means each calendar year during which the Director makes, or is entitled to make, Compensation Deferrals under Section 3 hereof.

  • Compensation Period has the meaning specified in Section 2.12(c)(ii).

  • Annual Retainer for a particular Director means the retainer (including any additional amounts payable for serving as lead Director or on any committee of the Board), payable to that Director for serving as a Director for the relevant Remuneration Period, as determined by the Board;

  • Annual Base Salary shall have the meaning set forth in Section 3(a).

  • Annual Work Plan means each work plan approved by the Association under Section I.C of Schedule 2 to this Agreement for inclusion in the Project.

  • Annual Deferral Amount means that portion of a Participant's Base Annual Salary and Annual Bonus that a Participant elects to have, and is deferred, in accordance with Article 3, for any one Plan Year. In the event of a Participant's Retirement, Disability (if deferrals cease in accordance with Section 8.1), death or a Termination of Employment prior to the end of a Plan Year, such year's Annual Deferral Amount shall be the actual amount withheld prior to such event.

  • Base Compensation means the amount equal to the sum of (i) the greater of Executive’s then-current Annual Base Salary or Executive’s Annual Base Salary as of the date one (1) day prior to the Change of Control; and (ii) the average of the Incentive Bonus paid (or payable) for the three (3) most recently completed fiscal years of the Company.

  • Annual Incentive Plan means the Cinergy Corp. Annual Incentive Plan or any similar plan or successor to the Annual Incentive Plan.

  • Average Compensation means the average of your W-2 wages from the Company for the five (5) calendar years completed immediately prior to the calendar year in which the Change in Control is effected. Any W-2 wages for a partial year of employment will be annualized, in accordance with the frequency which such wages are paid during such partial year, before inclusion in Average Compensation.

  • Annual Period means each twelve (12) month period commencing on the Effective Date and, thereafter, on each anniversary of the Effective Date.

  • Average Incentive Compensation means the average of the annual incentive compensation under Subparagraph 3(a) received by Executive for the three (3) immediately preceding fiscal years or such fewer number of complete fiscal years as Executive may have been employed by the Company. In no event shall “Average Incentive Compensation” include any sign-on bonus, retention bonus or any other special bonus. Notwithstanding the foregoing, if the Executive breaches any of the provisions contained in Paragraphs 4 and 5 of this Agreement, all payments of the Severance Amount shall immediately cease. Notwithstanding the foregoing, in the event Executive terminates his employment for Good Reason as provided in Subparagraph 6(e), he shall be entitled to the Severance Amount only if he provides the Notice of Termination provided for in Subparagraph 6(f) within thirty (30) days after the occurrence of the event or events which constitute such Good Reason as specified in clauses (A), (B), (C), (D), (E) and (F) of Subparagraph 6(e);

  • Bonus Compensation shall have the meaning set forth in Section 3(b).

  • Annual income means all amounts, monetary or not, which:

  • Annual payroll means the total amount of wages subject to contributions during a twelve-month period ending with the last day of the second calendar quarter of any calendar year.

  • Average Annual Compensation shall be an amount equal to the annual average of the sums of (x) the Executive’s annual Base Salary from the Company plus (y) the amount of Incentive Awards accrued by TNS for the Executive, in each case for the three calendar years that ended immediately before (or, if applicable, coincident with) the Change in Control Date;

  • Annual Enrollment Period or "Enrollment Period" means the period before each policy anniversary so designated by the Sponsor and Lincoln during which you may enroll for coverage under this policy.

  • Incentive Pay means an annual amount equal to the aggregate annual bonus, in addition to Base Pay, made or to be made in regard to services rendered in any calendar year or performance period pursuant to any bonus plan of the Company.

  • Monthly Base Salary means 1/12th of the greater of (i) Executive’s annual base salary (excluding incentive pay, premium pay, commissions, overtime, bonuses and other forms of variable compensation) as in effect on the date of a Change in Control Termination or a Covered Termination, as applicable, or (ii) in the case of a Change in Control Termination, Executive’s annual base salary (excluding incentive pay, premium pay, commissions, overtime, bonuses and other forms of variable compensation) as in effect on the date of a Change in Control.

  • Annual Award means the cash payment paid or payable to the Executive with respect to a fiscal year under the Corporation's Incentive Compensation Performance Plan.