Examples of Mechanical Availability in a sentence
For each month the Mechanical Availability Percentage shall be calculated and rounded to the nearest full percentage.
The provisions of this Section 4.01 shall be the exclusive remedies of Department for Seller's failure to meet a specific Mechanical Availability Percentage so long as such failure is not due to intentional conduct of Seller.
In the event the Facility has failed to meet a seventy percent (70%) Mechanical Availability Percentage, calculated on an annual average basis, in any two (2) out of three (3) years, Department shall have the right, within thirty (30) Days of such time, in its sole discretion, to terminate this Agreement without further obligation or liability to Seller.
Department shall not be entitled to any liquidated damages hereunder to the extent that Seller's failure to achieve a specific Mechanical Availability Percentage was caused by (i) Department or any of its agents, contractors, vendors or employees, (ii) an Uncontrollable Force, or (iii) a Delivery Event.
Seller guarantees that, as calculated by the thirtieth (30th) Day of each Invoice Month following the Commercial Operation Date, the Facility shall have achieved (a) a Mechanical Availability Percentage of 96% for operations during the months of June, July, August, September, October, December, January and February; and (ii) a Mechanical Availability Percentage of 94% for operations during the months of November, March, April and May.
Commencing on the first day of the second Commercial Operation Year and for the reminder of the Term, Seller guarantees that the Facility shall have achieved an average annual Actual Availability Percentage during each Availability Period equal to or greater than ninety percent (90%) for the Term (a “Guaranteed Mechanical Availability Percentage”).
Energy payments (inclusive of Integration Charge) to the Seller including any deductions for unpaid Delay Damages, Mechanical Availability Damages or any other xxxxxxxx due Idaho Power will be disbursed within thirty (30) days of the date which Idaho Power receives and accepts the documentation of the monthly Net Energy actually produced by the Seller’s Facility and delivered to Idaho Power as specified in Appendix A.
Beginning with the third Contract Year and for each Contract Year thereafter, the Mechanical Availability Guarantee for each Contract Year shall be 0.90, with such annual Availability to be calculated for purposes of this Section 4.3 for each Contract Year.
Seller shall pay PacifiCorp liquidated damages under Section 11.4.1 if the Availability in any given Contract Year falls below the Mechanical Availability Guarantee for the Contract Year.
Mechanical Availability Damages will be billed to the Seller annually after the end of each Contract Year and Seller shall make payment in full within ten (10) business days of date of the billing.