Availability Damages definition

Availability Damages shall have the meaning set forth in Section 1 of this Exhibit C.
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Availability Damages shall have the meaning set forth in Section 7.6(B).
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Availability Damages means, _____________________________.
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Examples of Availability Damages in a sentence

  • If Seller fails to satisfy the Storage Availability Guarantee in accordance with the requirements set forth in Exhibit U, then Seller will be liable to PacifiCorp for the Storage Availability Damages calculated and paid in accordance with Exhibit U.

  • Each Party acknowledges and agrees that: (a) the damages PacifiCorp would incur due to Seller’s failure to satisfy the Storage Availability Guarantee are difficult or impossible to predict with certainty; (b) it is impractical and difficult to assess actual damages in these circumstances; and, therefore, (c) Storage Availability Damages as agreed to by the Parties are a fair and reasonable calculation of damages and not a penalty.

  • The invoice for such Storage Availability Damages will include a written statement explaining in reasonable detail the calculation of such Storage Availability Damages in accordance with Exhibit U.

  • PacifiCorp will be entitled to draw upon the Default Security for: (A) Storage Availability Damages, Storage Round Trip Efficiency Damages, Storage Power Capacity Damages or Storage Ramp Rate Damages due but unpaid to PacifiCorp under this Agreement; (B) damages if this Agreement is terminated under Section 11 because of an Event of Default when Seller is the Defaulting Party; and (C) any other amounts owing and not timely paid by Seller to PacifiCorp under this Agreement.

  • Except in the case of an Event of Default pursuant to Section 11.1.2(k), Storage Availability Damages will be PacifiCorp’s sole remedy for Seller’s failure to satisfy the Storage Availability Guarantee in accordance with the requirements set forth in Exhibit U.

  • PacifiCorp will be entitled to draw upon the Project Development Security for: (A) any Delay Damages, Storage Power Capacity Damages, Availability Damages and Storage Round Trip Efficiency Damages due but unpaid to PacifiCorp under this Agreement; (B) damages if this Agreement is terminated under Section 11 because of an Event of Default when Seller is the Defaulting Party; and (C) any other amounts owing and not timely paid by Seller to PacifiCorp under this Agreement.


More Definitions of Availability Damages

Availability Damages has the meaning given to that term in Schedule 4. “Availability Damages LTO” has the meaning given to that term in Schedule 4. “Availability Damages O&M” has the meaning given to that term in Schedule 4.
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Availability Damages has the meaning set forth in Section 2(b) of this Exhibit. “Availability Period” means each two consecutive Commercial Operation Years during the Term.
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