Acknowledgment of Uncertainties. The Parties acknowledge the inherent uncertainty in the calculation of the Availability Factor and the Measured Performance Ratio. Both Parties hereby assume the risk of such uncertainties and hereby waive any right to dispute: the appropriateness of any of the Availability Benchmark, the Availability Factor or the methodology specified in this Agreement for the calculation of the Availability Factor; and the appropriateness of any of the GPR Benchmark, the Measured Performance Ratio or the methodology specified in this Agreement for the calculation of the Measured Performance Ratio.
Acknowledgment of Uncertainties. The parties acknowledge that circumstances beyond the control of either party could defeat their mutual intent that the Planned Community be developed in the manner contemplated by this Agreement. Among such circumstances is the unavailability of water or other limited natural resources, Federal regulation of air and water quality, and similar conditions. It is not the intent of the parties nor shall this Section be construed as excusing the County or the Developer of any obligation hereunder of depriving the County or Developer of any right under this Agreement, which can be performed.
Acknowledgment of Uncertainties. The Parties acknowledge the inherent uncertainty in the measurement of the Applicable Power Curve and the calculation of Potential Production, both of which are necessary to the calculation of the Facility PBAF. The Parties also acknowledge the inherent uncertainty in the calculation of the efficiency of the BOP in delivering to the Point of Interconnection the energy produced by the WTGS(s). Both Parties hereby assume the risk of such uncertainties and hereby waive any right to dispute:
Acknowledgment of Uncertainties. The Parties acknowledge the inherent uncertainty in the calculation of the Availability Factor and the Measured Performance Ratio. Both Parties hereby assume the risk of such uncertainties and hereby waive any right to dispute:
