Common use of Availability Notice Clause in Contracts

Availability Notice. Seller shall furnish to Buyer by electronic mail or other electronic transmission acceptable to Buyer in its reasonable discretion an Availability Notice substantially in the form set forth in Schedule [3.2], which shall set forth (i) the actual Availability per hour, expressed in MW, of the Contract Quantity of Capacity not to exceed the Contract Quantity of Capacity, and not to be less than the minimum load [on automatic generating control], and/or (ii) any Outages, Force Majeure events, deratings or other events that would reduce or interrupt any Schedule and Dispatch of Energy to Buyer or cause the controlling Availability Notice to be inaccurate in any material respect and a description of the circumstances thereof, in the case of clause (i) at or before [8:00] a.m. CPT on the Business Day immediately prior to the first Day to which such Availability Notice shall relate, and in the case of clause (ii) promptly after the occurrence of the events described therein. Such Availability Notice shall be effective until delivery of a subsequent Availability Notice.

Appears in 2 contracts

Sources: Master Power Purchase and Sale Agreement, Master Power Purchase and Sale Agreement