Seller to Maintain Facility Availability Clause Samples

Seller to Maintain Facility Availability. (a) The Seller shall be responsible for the availability of the Facility for generation and delivery of Net Delivered Energy. The Seller shall, at all times that the Ambient Site Conditions enable the generation and delivery of Net Delivered Energy, generate and deliver Net Delivered Energy at the Interconnection Point, except when and to the extent that generation and delivery of Net Delivered Energy is prevented partially or completely during the continuance of a: (i) Force Majeure Event, (ii) Afghanistan Political Event, (iii) Scheduled Outage, (iv) Maintenance Outage, (v) Forced Outage, or (vi) Non-Project Event. (b) At any time that Ambient Site Conditions at Site enable generation and delivery of Net Delivered Energy (as determined on the basis of the Specifications), which, however, the Facility is partially or wholly unable to generate and deliver for reasons attributable solely to the Seller (including non-availability of the Facility or any component thereof), such partial or complete non-availability of the Facility shall not constitute a Non-Project Event and the Net Delivered Energy not generated as a consequence shall be excluded in the computation of Non-Project Missed Volume.
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Related to Seller to Maintain Facility Availability

  • 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.

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • Closing Availability After giving effect to all Borrowings to be made on the Effective Date and the issuance of any Letters of Credit on the Effective Date and payment of all fees and expenses due hereunder, and with all of the Loan Parties’ Indebtedness, the Borrowers’ Availability shall not be less than $500,000.

  • FUNDING AVAILABILITY This Contract is contingent upon the continued availability of funding. If funds become unavailable through the lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidation, or any other disruptions of current appropriations, DFPS will reduce or terminate this Contract.

  • Undrawn Availability After giving effect to the initial Advances hereunder, Borrowers shall have Undrawn Availability of at least $10,000,000;