Examples of Mechanical Availability Percentage in a sentence
For each month the Mechanical Availability Percentage shall be calculated and rounded to the nearest full percentage.
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.
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.
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.
On or before the tenth (10th) Business Day following the end of each calendar month during the Services Term, Seller shall provide Buyer with the Mechanical Availability Percentage calculated for the preceding Period, consistent with Schedule 6.13, along with any supporting documentation reasonably required for Buyer to independently confirm Seller's Mechanical Availability Percentage calculation.
During the Services Term, Seller shall maintain a Mechanical Availability Percentage of no less than the MAP indicated on Attachment 2, Facility Information Form for On Peak hours on a rolling twelve month basis; provided however, that the first determination of the Mechanical Availability Percentage of the Facility shall be calculated twenty four (24) months after the Initial Delivery Date for the preceding twelve (12) month period.
Should Seller fail to satisfy the MAP requirements committed in the Attachment 2, Facility Information Form, Seller shall be entitled to a six (6) month period ("MAP Remedy Period") where Seller shall diligently work to remedy its failure to comply with Article6.13 [Mechanical Availability Percentage], with such MAP Remedy Period commencing on the date notice under this Article 12.3 was given by Buyer to Seller in accordance with the provisions of the PPA.
For each full percentage point that the Mechanical Availability Percentage during the immediately preceding month is less than the Guaranteed Availability, Seller shall pay to Department liquidated damages in an amount equal to one percent (1%) of the Capacity Payment due for such month.
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