Common use of Availability Notification Clause in Contracts

Availability Notification. 5.2.1 No later than 5:00 a.m. (Pacific Time) of each day, Supplier shall deliver to Buyer an Availability Notice in the form set forth in Exhibit G. 5.2.2 Availability Notices shall provide, for the ninety-six (96) hour period starting at 6:00 a.m. (Pacific Time) that day, Supplier's hourly projection of the unavailability or derating ("Derating") of the Asset Bundle compared to the Asset Bundle Capacity figures stated for each unit in Exhibit A. Each Availability Notice also shall contain, as applicable: (a) the units which are subject to a Derating; (b) the magnitude of the Derating; (c) the hours during which the Derating is expected to apply; (d) the cause of the Derating; (e) the extent, if any, to which the Derating is attributable to a Permitted Derating; and (f) the projected Asset Bundle Capacity for each unit during the period covered by the Availability Notice, pursuant to Section 5.2.4 below. 5.2.3 If and to the extent a Derating is the result of one or more of the following causes, it shall be a Permitted Derating: (a) approved planned outages pursuant to Section 21; (b) response to an Emergency Condition as described in Section 20; or (c) subject to the limitations expressed in Section 12.5, a Force Majeure event. 5.2.4 In respect of any Dispatch Hour, the Asset Bundle Capacity of each unit shall be the Asset Bundle Capacity figure stated in Exhibit A minus any Permitted Derating applicable during such hour. 5.2.5 Neither the Asset Bundle Capacity nor the Supply Amount shall be reduced by Deratings which are not Permitted Deratings. Supplier shall be responsible for all Replacement Costs, pursuant to Section 4.2.1, caused by Deratings that are not Permitted Deratings.

Availability Notification. 5.2.1 5.1.1 No later than 5:00 a.m. (Pacific Time) of each day, Supplier shall deliver to Buyer an Availability Notice in the form set forth in Exhibit G. 5.2.2 5.1.1.1 Availability Notices shall provide, for the ninety96-six (96) hour period starting at 6:00 a.m. (Pacific Time) that day, Supplier's hourly projection of the unavailability or derating ("Derating") of the Asset Bundle compared to the Asset Bundle Capacity figures stated for each unit in Exhibit A. A. 5.1.2 Each Availability Notice also shall contain, as applicable: (a) the units which are subject to a the Derating; (b) the magnitude of the Derating; (c) the hours during which the Derating is expected to apply; (d) the cause of the Derating; (e) the extent, if any, to which the Derating is attributable to a Permitted Derating; and (f) the projected Asset Bundle Capacity for each unit during the period covered by the Availability Notice, pursuant to Section 5.2.4 5.1.5 below. 5.2.3 5.1.3 Supplier may at any time verbally (with subsequent written confirmation) notify Buyer of any changes to an Availability Notice. Such changes shall be effective for the hours designated in such verbal notice, beginning upon issuance of the notice. 5.1.4 If and to the extent a Derating is the result of one or more of the following causes, it shall be a Permitted Derating: (a) approved planned outages pursuant to Section 2122; (b) response to an Emergency Condition Transmission System outages as described in Section 204.1.9; or (c) response to an emergency condition as described in Section 21.1; (d) subject to the limitations expressed in Section 12.513.5, a Force Majeure event; (e) compliance with constraints on flue gas emissions applicable to the Asset Bundle, provided, however, that to the extent such constraints can be avoided or mitigated through purchasing emission allowances on commercially reasonable terms or other commercially reasonable economic measures short of installing new equipment or retrofitting existing equipment, these constraints shall not be Permitted Deratings; and (f) equipment limitations due to ambient conditions which differ from ISO conditions. 5.2.4 5.1.5 In respect of any Dispatch Hourhour, the Asset Bundle Capacity of each unit shall be the Asset Bundle Capacity figure stated in Exhibit A minus any Permitted Derating applicable during such hour. 5.2.5 Neither 5.1.6 For the avoidance of doubt, the Asset Bundle Capacity nor the Supply Amount shall not be reduced affected by Deratings which are not Permitted Deratings. . 5.1.7 In determining whether to declare a Permitted Derating that does not involve a planned outage, Supplier shall be responsible for all Replacement Costs, pursuant take account of operational considerations regarding the items listed in Section 5.1.4 and shall not vary its considerations to Section 4.2.1, caused by Deratings that are not Permitted Deratingsreflect different market conditions.

Availability Notification. 5.2.1 No later than 5:00 a.m. (Pacific Time) of each day, Supplier shall deliver to Buyer an Availability Notice in the form set forth in Exhibit G. 5.2.2 Availability Notices shall provide, for the ninety-six (96) hour period starting at 6:00 a.m. (Pacific Time) that day, Supplier's hourly projection of the unavailability or derating ("Derating") of the Asset Bundle compared to the Asset Bundle Capacity figures stated for each unit in Exhibit A. Each Availability Notice also shall contain, as applicable: (a) the units which are subject to a Derating; (b) the magnitude of the Derating; (c) the hours during which the Derating is expected to apply; (d) the cause of the Derating; (e) the extent, if any, to which the Derating is attributable to a Permitted Derating; and (f) the projected Asset Bundle Capacity for each unit during the period covered by the Availability Notice, pursuant to Section 5.2.4 below; and (g) remaining freeboard of each of the Asset Bundle water treatment storage ponds and the forecast inlet flow rate to the brine concentrator treatment plant. 5.2.3 If and to the extent a Derating is the result of one or more of the following causes, it shall be a Permitted Derating: (a) approved planned outages pursuant to Section 21; (b) response to an Emergency Condition as described in Section 20; or (c) subject to the limitations expressed in Section 12.5, a Force Majeure event; (d) a Control Installation Outage pursuant to Section 21.3; or (e) lack of water treatment pond storage capacity at the Asset Bundle; provided that such lack of water treatment pond storage capacity is not due to Supplier's sales to parties other than Buyer; provided further that (i) Buyer shall have the option to augment the Asset Bundle's brine concentrator treatment plant capacity at Buyer's cost and (ii) notwithstanding subsection 5.2.3(e)(i), Supplier shall pay for the costs of augmenting such brine concentrator treatment plant capacity to the extent that the lack of water treatment pond storage capacity at the Asset Bundle is caused by Supplier's sales to parties other than Buyer. 5.2.4 In respect of any Dispatch Hour, the Asset Bundle Capacity of each unit shall be the Asset Bundle Capacity figure stated in Exhibit A minus any Permitted Derating applicable during such hour. 5.2.5 Neither the Asset Bundle Capacity nor the Supply Amount shall be reduced by Deratings which are not Permitted Deratings. Supplier shall be responsible for all Replacement Costs, pursuant to Section 4.2.1, caused by Deratings that are not Permitted Deratings.

Availability Notification. 5.2.1 No later than 5:00 a.m. (Pacific Time) of each day, Supplier shall deliver to Buyer an Availability Notice in the form set forth in Exhibit G. 5.2.2 Availability Notices shall provide, for the ninety-six (96) hour period starting at 6:00 a.m. (Pacific Time) that day, Supplier's hourly projection of the unavailability or derating ("Derating") of the Asset Bundle compared to the Asset Bundle Capacity figures stated for each unit in Exhibit A. Each Availability Notice also shall contain, as applicable: (a) the units which are subject to a Derating; (b) the magnitude of the Derating; (c) the hours during which the Derating is expected to apply; (d) the cause of the Derating; (e) the extent, if any, to which the Derating is attributable to a Permitted Derating; and (f) the projected Asset Bundle Capacity for each unit during the period covered by the Availability Notice, pursuant to Section 5.2.4 below; and (g) in the first Availability Notice to be provided for each calendar month, the current amount of water stored in the Asset Bundle treated water storage tank. 5.2.3 If and to the extent a Derating is the result of one or more of the following causes, it shall be a Permitted Derating: (a) approved planned outages pursuant to Section 21; ; (b) response to an Emergency Condition as described in Section 20; or (c) subject to the limitations expressed in Section 12.5, a Force Majeure event. 5.2.4 In respect ; or (d) unavailability of any Dispatch Hour, water supply to Supplier for use at the Asset Bundle Capacity for the operation of each unit the combustion turbine evaporator cooler and, in the event Asset Bundle must be operated using distillate oil for reasons only involving the physical inability to have natural gas delivered to the Asset Bundle, also for use in the operation of the Asset Bundle's combustion turbine emissions control water injectors; (i) provided that, a Permitted Derating due to such unavailability of water supply shall (A) only be allowed to the extent that inoperation of such evaporator cooler, and if applicable in the operation of such emissions control water injectors, would actually reduce Asset Bundle Capacity figure stated during the affected time period and (B) not be due to Supplier's (x) failure to maintain a permit to treat and use 30 acre feet of water, treated water or effluent per year, or (y) sales to parties other than Buyer, provided that (1) Supplier has received its necessary water entitlements pursuant to the Water Supply Agreement (as defined in Exhibit A minus any Permitted Derating applicable during such hour. 5.2.5 Neither the Asset Bundle Capacity nor the Supply Amount shall be reduced by Deratings which are not Permitted Deratings. Supplier shall be responsible for all Replacement CostsSale Agreement), or deliveries pursuant to Section 4.2.15.2.3(d)(ii)(B), caused by Deratings that are (2) Supplier has not Permitted Deratingsterminated such Water Supply Agreement and is not in, or alleged to be in, breach or default of such Water Supply Agreement, and (3) Supplier has not otherwise arranged to procure other water resources for this facility.