Examples of Availability Shortfall in a sentence
The Parties shall negotiate in good faith to resolve any disputed portion of the Seller’s Annual Shortfall Payment and/or Seller’s Long Term Availability Shortfall Payment amount and shall, as part of such good faith negotiations, promptly provide information or data relevant to the dispute as each Party may possess which is requested by the other Party.
SCE’s sole and exclusive remedy for Seller’s breach of Seller’s Annual Energy Obligation, Seller’s Annual Availability Obligation and/or Seller’s Long Term Availability Obligation shall be the receipt of Seller’s Annual Shortfall Payment and/or Seller’s Long Term Availability Shortfall Payment.
If the Parties are unable to resolve a dispute regarding any Seller’s Annual Shortfall Payment and/or Seller’s Long Term Availability Shortfall Payment amount within thirty (30) days after the sending of a Notice of dispute by Seller, either Party may submit the dispute to arbitration as provided in Article Twelve.
Seller shall have thirty (30) days after receipt of SCE’s Notice to review SCE’s calculation and either pay the entire Seller’s Annual Shortfall Payment and/or Seller’s Long Term Availability Shortfall Payment amount claimed by SCE or pay any undisputed portion and provide Notice to SCE of the portion it disputes along with a detailed explanation of, and rationale for, Seller’s calculation methodology, annotated work papers and source data.
Notwithstanding any payment of any Seller’s Annual Shortfall Payment and/or Seller’s Long Term Availability Shortfall Payment, Seller shall remain obligated to convey all Scheduled Amounts, if SCE is not Seller’s Scheduling Coordinator, or Delivered Amounts, if SCE is Seller’s Scheduling Coordinator and all Green Attributes, Capacity Attributes and Resource Adequacy Benefits to SCE during the Facility Term, as provided in Sections 3.01 and 3.02.
If an Availability Shortfall occurs in any Rolling Period, for each month of that Rolling Period, PacifiCorp will identify each month where the Availability was below the Guaranteed Availability as compared against the Expected Monthly Net Output provided in Exhibit A (“Monthly Output Shortfall”).
On the thirtieth (30th) day following the end of each Rolling Period, PacifiCorp will deliver to Seller an invoice showing PacifiCorp’s computation of Net Output and Availability Shortfall, if any, for the prior Rolling Period and any amount due to PacifiCorp for liquidated damages calculated pursuant to this Exhibit F.
The Availability Shortfall Damages for any such month shall be equal to (x) the difference between the Deemed Output and Contract Capacity for such month (expressed in MWhs) multiplied by (y) five dollars ($5) per MWh. The sum of the Availability Shortfall Damages for each applicable month in such Contract Year is the amount Seller will be obligated to pay to Buyer.
In the event the Availability Percentage is below 90% for any such Contract Year, Seller shall pay Buyer Availability Shortfall Damages.
The Generator shall pay to The Company in accordance with Clause 8 the Annual Availability Shortfall Payment calculated in accordance with the formulae set out in Schedule E, Section 2, Part II; or2.