Common use of Guaranteed Availability Clause in Contracts

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 CECONY for at least ninety-eight percent (98.0%) of the hours 15- minute intervals in each calendar quarter during the Contract Term (“Guaranteed Availability”). For After completion of each calendar quarter, CECONY shall calculate the actual availability percentage of the Project (“Actual Availability”)) during the preceding calendar quarter, which calculation shall be: ∑ℎ𝑜𝑢𝑟=𝑅𝑒𝑓𝑒𝑟𝑒𝑛𝑐𝑒 𝐻𝑜𝑢𝑟𝑠 𝑀𝑀𝑀 𝐴𝑣𝑎𝑖𝑙𝑎𝑏𝑙𝑒 𝐴𝑐𝑡𝑢𝑎𝑙 𝐴𝑣𝑎𝑖𝑙𝑎𝑏𝑖𝑙𝑖𝑡𝑦 = ℎ𝑜𝑢𝑟=0 Where: