Availability Notice. Seller shall furnish to Buyer an Availability Notice substantially in the form of Schedule [4.2] setting forth, with respect to the period or periods to which the Availability Notice relates, (i) the Purchased Capacity per hour, (ii) the actual amount of the Purchased Capacity available per hour from the Unit, expressed in MW, not to exceed the Purchased Capacity for such hour, and not to be less than the minimum load on AGC, to the extent applicable, and (iii) if the available Purchased Capacity in an hour is less than the Purchased Capacity for such hour, the reason(s) therefor. Seller shall furnish a new, superseding Availability Notice to Buyer if there is or would be an Outage, Force Majeure event, derating or other event, occurrence, circumstance or action, singularly or in combination, that reduces or interrupts or would reduce or interrupt any Schedule and Dispatch of energy or Other Associated Electric Products to Buyer or otherwise results or would result in the actual availability of the Purchased Capacity being less than the Purchased Capacity or causes or would cause the controlling Availability Notice to be inaccurate in any material respect. Such new Availability Notice shall fully reflect the changed circumstances since the submission of the prior Availability Notice and shall include a statement of the reason(s) for each modification to the prior Availability Notice. Availability Notices shall be furnished by electronic mail or other electronic transmission acceptable to Buyer in its reasonable discretion, 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 relates (“Availability Notice Initial Submission Deadline”). If Seller is required to furnish a new, superseding Availability Notice as provided above, such Availability Notice shall be furnished promptly after the occurrence of (or, to the extent it has prior knowledge thereof, promptly after it has knowledge of) the event, occurrence, circumstance or action described therein; provided, however, that, regardless of the actual availability of the Purchased Capacity, Seller may not increase in an Availability Notice furnished after the Availability Notice Initial Submission Deadline the amount of Purchased Capacity available in an hour from that set forth in the Availability Notice then in effect for such hour unless Buyer has consented to such increase, which may be provided in advance in a Schedule and Dispatch Notice delivered to the Tag Author. ▇▇▇▇▇▇ Availability Notice shall be effective until delivery of a subsequent new, superseding Availability Notice. Solely for the purpose of determining Availability hereunder, ifIf the actual availability of the Purchased Capacity is less than the Purchased Capacity at the time of Dispatch of energy associated therewith, then, regardless whether Seller has furnished a new, superseding Availability Notice as provided above, the Availability Notice in effect shall be deemed to set forth and include the actual availability of the Purchased Capacity at such time.
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Sources: Capacity Sale and Tolling Agreement
Availability Notice. Seller shall furnish to Buyer an Availability Notice substantially in the form of Schedule [4.23.2] setting forth, with respect to the period or periods to which the Availability Notice relates, (i) the Purchased Contract Quantity of Capacity per hour, (ii) the actual amount of the Purchased Contract Quantity of Capacity available per hour from the Unit, expressed in MWhour, not to exceed the Purchased Contract Quantity of Capacity for such hour, and not to be less than the minimum load on AGC, to the extent applicable, and (iii) if the amount of Capacity available Purchased in an hour exceeds the Contract Quantity of Capacity for such hour (“Excess Capacity”), the amount of energy (“Excess Energy”), if any, associated with such Excess Capacity that Seller has elected to offer to sell to Buyer, on a non- firm basis, not to exceed [ ] MWh per hour in the aggregate, at a price equal to the Strike Price, and (iv) if the available Contract Quantity of Capacity in an hour is less than the Purchased Contact Quantity of Capacity for such hour, the reason(s) therefor. Seller shall furnish a new, superseding Availability Notice to Buyer if there is or would be an Outage, Force Majeure event, derating or other event, occurrence, circumstance or action, singularly or in combination, that reduces or interrupts or would reduce or interrupt any Schedule and Dispatch of energy or Other Associated Electric Products to Buyer or otherwise results or would result in the actual availability of the Purchased Contract Quantity of Capacity being less than the Purchased Contract Quantity of Capacity or causes or would cause the controlling Availability Notice to be inaccurate in any material respect. Such new Availability Notice shall fully reflect the changed circumstances since the submission of the prior Availability Notice and shall include a statement of the reason(s) for each modification to the prior Availability Notice. Availability Notices shall be furnished by electronic mail or other electronic transmission acceptable to Buyer in its reasonable discretion, in the case of clause (i), discretion [at or before [8:00] a.m. CPT on the Business Day immediately prior to the first Day to which such Availability Notice relates (“Availability Notice Initial Submission Deadline”)Deadline”)][all except three-year MUCCO-reserve] [at or before [8:00] a.m. CPT on the third Business Day immediately prior to the first Day of the Month to which the Availability Notice relates (“Availability Notice Initial Submission Deadline”)][three-year MUCCO-reserve]. If Seller is required to furnish a new, superseding Availability Notice as provided above, such Availability Notice shall be furnished promptly after the occurrence of (or, to the extent it has prior knowledge thereof, promptly after it has knowledge of) the event, occurrence, circumstance or action described therein; provided, however, that, regardless of the actual availability of the Purchased Contract Quantity of Capacity, Seller may not increase in an Availability Notice furnished after the Availability Notice Initial Submission Deadline the amount of Purchased Contract Quantity of Capacity available in an hour from that set forth in the Availability Notice then in effect for such hour unless Buyer has consented to such increase, which may be provided in advance in a Schedule and Dispatch Notice delivered to the Tag Author. ▇▇▇▇▇▇ An Availability Notice shall be effective until delivery of a subsequent new, superseding Availability Notice. Solely for the purpose of determining Availability hereunder, ifIf the actual availability of the Purchased Contract Quantity of Capacity is less than the Purchased Contract Quantity of Capacity at the time of Dispatch of energy associated therewith, then, regardless whether Seller has furnished a new, superseding Availability Notice as provided above, the Availability Notice in effect shall be deemed to set forth and include the actual availability of the Purchased Contract Quantity of Capacity at such time.
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