Guaranteed Availability Clause Samples

Guaranteed Availability. Seller guarantees that the annual Availability of the Facility shall be at least ninety five percent (95%) of the calculated Availability (the “Guaranteed Availability”). In no event shall the required Guaranteed Availability for any period be subject to any adjustment in the event that Seller achieves Final Completion at less than one hundred percent (100%) of the Expected Nameplate Capacity Rating.

Guaranteed Availability. Owner guarantees the Project will be available for use by CHGE for at least ninety-eight percent (98.0%) of the hours in each calendar quarter during the Contract Term (“Guaranteed Availability”). For each calendar quarter, CHGE shall calculate the actual availability percentage of the Project (“Actual Availability”), which calculation shall be: Where:

Guaranteed Availability. Owner guarantees the Project will be available for use by RG&E for at least ninety-eight percent (98.0%) of the hours in each calendar quarter during the Contract Term (“Guaranteed Availability”). For each calendar quarter, RG&E shall calculate the actual availability percentage of the Project (“Actual Availability”), which calculation shall be: Where:

Guaranteed Availability. To the extent required by applicable law, SHP will offer to any employer all products that are approved for sale in the applicable market, and will accept any employer that applies for any of these products.

Guaranteed Availability. Owner guarantees the Project will be available for use by CECONY for at least ninety-eight percent (98.0%) of the hours in each calendar quarter during the Contract Term (“Guaranteed Availability”). For each calendar quarter, CECONY shall calculate the actual availability percentage of the Project (“Actual Availability”), which calculation shall be: ∑ℎ𝑜𝑢𝑟=𝑅𝑒𝑓𝑒𝑟𝑒𝑛𝑐𝑒 𝐻𝑜𝑢𝑟𝑠 𝑀𝑀𝑀 𝐴𝑣𝑎𝑖𝑙𝑎𝑏𝑙𝑒 𝐴𝑐𝑡𝑢𝑎𝑙 𝐴𝑣𝑎𝑖𝑙𝑎𝑏𝑖𝑙𝑖𝑡𝑦 = ℎ𝑜𝑢𝑟=0 Where:

Guaranteed Availability. Owner guarantees the Project will be available for use by O&R for at least ninety-eight percent (98.0%) of the hours in each calendar quarter during the Contract Term (“Guaranteed Availability”). For each calendar quarter, O&R shall calculate the actual availability percentage of the Project (“Actual Availability”), which calculation shall be: = ℎ=0

Guaranteed Availability. Owner guarantees the Project will be available for use by NYSEG for at least ninety-eight percent (98.0%) of the hours in each calendar quarter during the Contract Term (“Guaranteed Availability”). For each calendar quarter, NYSEG shall calculate the actual availability percentage of the Project (“Actual Availability”), which calculation shall be: Where:

Guaranteed Availability. Seller guarantees that the annual Availability of the Facility (the “Guaranteed Availability”) shall be that set forth in Exhibit B. In no event shall the required Guaranteed Availability for any period be subject to any adjustment in the event that Seller achieves Final Completion at less than one hundred percent (100%) of the Expected Nameplate Capacity Rating.

Guaranteed Availability. Packages Service reservations are pre-paid reservations and Packages Customers shall be guaranteed availability upon arrival for the number of rooms and occupancy requested in the reservation sent to Hotel through the GDS and confirmed by Hotel at time of booking. In the event that a reservation booked through Packages Service is not available for any reason, Hotel shall immediately (a) notify Priceline of such unavailability, (b) locate alternative accommodations of equal or higher Star Quality within the same Geographic Zone and (c) bear any and all costs associated with relocating the Packages Customer to such alternative accommodations including but not limited to, room and tax for the first night, any transportation costs necessitated by the displacement of the Packages Customer and any rate differential from the original rate booked. In no event shall Hotel relocate a Packages Customer to another property if Hotel has a room available at any rate. If a Packages Customer arrives at Hotel after the check-in date, but prior to the check-out date, and Hotel has a room available, Hotel shall accommodate the Packages Customer for the remainder of the original reservation. The Packages Customer shall not be entitled to a refund for any portion of such reservation. If Hotel is sold out, Hotel shall not be entitled to payment from Priceline or the Packages Customer for any date after the Packages Customer attempted to check-in.