Availability Standards Sample Clauses

Availability Standards. (a) In the event that the Generating Facility is subject to the Availability Standards as set forth in the CAISO Tariff, Anaheim shall make commercially reasonable efforts to mitigate the application of the Availability Standards on behalf of the Seller to the extent possible. In any event, Seller shall be responsible for paying any charges assessed by the CAISO for failure of the Generating Facility to achieve the Availability Standards as set forth in the CAISO Tariff. Seller shall also be entitled to any benefits established in the CAISO Tariff associated with performance of the Generating Facility that exceeds the Availability Standards established by the CAISO.
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Availability Standards. Seller shall be responsible for all costs, charges, expenses, penalties, and obligations resulting from Availability Standards, if applicable, and Seller shall be entitled to retain all credits, payments, and revenues, if any, resulting from Seller achieving or exceeding Availability Standards, if applicable.
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Availability Standards. Certain of the Services described in this Schedule are subject to specific availability standards. [ * * * ] As used in this Schedule, the following availability and maintenance standards have the following meanings: (a) “Local business hours on local business days” means [ * * * ] Final (January 31, 2012) CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [ * * * ]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. [ * * * ] (b) “24 x 7” means [ * * * ]
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Availability Standards. Without waiving its rights to avail itself of any applicable exemption (so long as such exemption does not negatively affect Buyer), Seller agrees that the Project is, or may become, subject to the terms of the Availability Standards. If the Project becomes subject to the terms of the Availability Standards, the Parties agree that any Availability Incentive Payments are for the benefit of the Seller and for Seller’s account and that any Non- Availability Charges are the responsibility of the Seller and for Seller’s account, except that if, at any time during the Delivery Term, the average twelve (12) month Non-Availability Charges netted against the Availability Incentive Payments are calculated to exceed an equivalent of $75,000 per annum, Buyer shall pay such excess amount for the previous twelve (12) month period. Furthermore, for future months, Buyer and Seller hereby agree that (i) Buyer may elect, in its sole discretion, to pay any amount of Non-Availability Charges netted against the Availability Incentive Payments incurred by the Project in excess of an equivalent of $75,000 per annum, and retain the Resource Adequacy qualification of the Facility’s Output or
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Availability Standards. Tenaska shall endeavor in good faith to cause the Plant to achieve a Summer Availability Percentage of at least 97% during the Summer Months of each Contract Year, and an Annual Availability Percentage of at least 97% during all Months of each Contract Year. (a) PECO shall compensate Tenaska for achieving Summer Availability Percentage in excess of 97% as provided in Section 8.07. (b) Tenaska shall compensate PECO for failing to achieve a Summer Availability Percentage and/or an Annual Availability Percentage of 97% as provided in Section 8.08.
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Availability Standards 
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Related to Availability Standards

  • General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.

  • Federal Medicaid System Security Requirements Compliance Party shall provide a security plan, risk assessment, and security controls review document within three months of the start date of this Agreement (and update it annually thereafter) in order to support audit compliance with 45 CFR 95.621 subpart F, ADP System Security Requirements and Review Process.

  • System Availability Although we will try to provide continuous access to the Service, we cannot and do not guarantee that the Service will be available 100% of the time and will not be liable in the event Service is unavailable. Actual service or network performance is dependent on a variety of factors outside of our control. If you notify us within twenty-four (24) hours and we confirm an outage consisting of a period of two (2) hours in any calendar month, and not due to any service, act, or omission of you, a third party, your applications, equipment or facilities, or reasons outside of our control, you shall be eligible for a service credit. A service credit shall be computed as a pro-rated charge for one day of the regular monthly fees for the Service in the next monthly statement. Intermittent service outages for periods of less than two (2) hours are not considered service outages. Outages caused by routine scheduled maintenance are also not considered an outage. You shall receive advance notice no less than forty-eight (48) hours in advance of our scheduled maintenance. Scheduled maintenance will be performed between 12:00 a.m. and 6:00 a.m. CST.

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

  • Availability of Rule 144 The Purchaser shall not be obligated to register shares of DocuNet Common Stock held by the Seller at any time when the resale provisions of Rule 144(k) (or any similar or successor Seller provision) promulgated under the Securities Act are available to the Seller.