Examples of Unavailable but Used in a sentence
If an Area is Unavailable but Used, the Authority will be entitled to make Deductions in respect of any Performance Failures affecting that Area.
Every Area that the Authority continues to use shall be Unavailable but Used for that Core Session and all subsequent Core Sessions on the same day irrespective of the time at which the relevant Unavailability is Rectified.
Unavailable but Used Deductions shall be made in respect of all relevant Core Sessions during that Core Day for such Areas irrespective of the time at which the relevant Areas cease to be Unavailable (save in respect of any relevant Core Sessions occurring after the Core Day on the relevant day where the relevant Unavailability has been Rectified and the relevant Area is used for its intended purpose).
Where an Area is Unavailable but Used, the total Deductions made for that Area in any Session, being the sum of the Unavailable but Used Deductions and any Performance Failure Deductions shall not exceed the Availability Deductions that would otherwise have been made had the Area not been used.
All Unavailable but Used Deductions to be applied in accordance with this paragraph shall be calculated in line with paragraph of 4.3 of Section 3 (Deductions from Monthly Service Payments) of this Schedule 14 (Payment Mechanism).
If a Functional Area is Unavailable but Used, the Authority will be entitled to make Deductions in respect of any Performance Failures affecting that Functional Area.
The concept of Unavailable but Used is retained where the Authority elects to continue to occupy areas despite them not meeting the Availability Standards and the Deduction will be at 50% of the rate for Unavailability.
The number of days that any Functional Area has been Unavailable or Unavailable but Used and the Availability Deductions to be awarded in respect of such Unavailability (shown on a daily basis).
For the purposes of this Part III, referenceIV, references to Unavailable or Unavailability shall be taken to include references to Unavailable but Used or Consequentially Unavailable or Consequential Unavailability where appropriate.
Ratchet – Alternative Accommodation If the Contractor has failed to make available to the Authority the Area for which Alternative Accommodation is a replacement by the Relocation Date, and the Authority has chosen to remain in occupation of that Alternative Accommodation in accordance with paragraph 3.8.64.8.6(b) of this Schedule 6, then the Ratchet of1.52.0 will apply to any Unavailable but Used Deduction from the Relocation Date.