Actual Availability Clause Samples

The Actual Availability clause defines the specific periods or times when a service, product, or resource is genuinely accessible for use by the other party. In practice, this clause may outline the hours of operation for a facility, the uptime percentage for a software service, or the delivery windows for goods. Its core function is to set clear expectations and avoid disputes by precisely stating when the contracted item or service will be available, thereby ensuring both parties understand their rights and obligations regarding access.
Actual Availability the actual realised degree of availability of the Service.
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Actual Availability. Actual Availability is the total number of minutes during the month that the Campus Pack Services was available to Subscriber and Subscriber’s Individual Users.
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Actual Availability. Outages due to force majeure (e.g. strike, civil unrest, natural disasters, epidemics) are not taken into consideration for purposes of calculating the actually reached availability of the Service ("Actual Availability"). Further, suspensions of the Service by valantic which valantic may deem necessary for security reasons are not taken into consideration if valantic had taken adequate measures to ensure security of the Service (e.g. denial of service attacks, grave security gaps in a used third party software without available patch).
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Actual Availability the number of minutes the Service was actually availa-ble during a certain period.
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Actual Availability. The Capacity Charge adjustment is to be calculated for each respective month based upon the Actual Availability of the Seller’s Facility being no less than ninety percent (90%) for the 1st and 2nd Seasons and no less than ninety-five percent (95%) during the 3rd Season. If during the applicable Season the Seller's Facility fails to achieve such respective levels of availability, an adjustment to the Capacity Charge will be made to the Season, calculated as follows: (1) For each Season, “Actual Availability” shall be equal to (i) the sum of (A) the Available Energy received by Buyer during such Season, plus (B) the Replacement Energy received by Buyer during such Season, plus (C) Available Energy and Replacement Energy scheduled, but not received by Buyer due to Uncontrollable Forces affecting Buyer or for any reason attributable to Buyer for such Season, plus (D) the sum of the Contract Capacity Quantity for all the On-Peak Availability Hours for such Season that Buyer did not timely exercise its call option, plus (E) the sum of the Available Energy for such Season that Buyer did not timely schedule after properly exercising its call option, plus (F) the sum of the Available Energy supplied pursuant to ERCOT ISO directives that otherwise would have been delivered to Buyer, plus (G) the sum of all megawatthours that liquidated damages were paid by Seller pursuant to Section 14 for non-delivery of Available Energy; divided by (ii) the Contract Capacity Quantity multiplied by all of the On-Peak Availability Hours in such Season, expressed as a percentage. If Actual Availability is less than 90% for the 1st or 2nd Seasons or 95% for the 3rd Season, the sum of the Capacity Charges within the applicable Season will be reduced by the capacity charge adjustment for such Season to be calculated as (i) the positive difference, if any, of (A) 90% or 95%, as applicable for such Season, minus (B) the Actual Availability for such Season, multiplied by (ii) the product of the Contract Capacity and the On-Peak Availability Hours pertaining to such Season, multiplied by (iii) the Capacity Adjustment Rate (in $/MWh) as set forth on the Confirmation. An example of the Actual Availability and capacity charge reduction calculations may be attached by the Parties as an exhibit to this Agreement, which shall form a part of this Agreement only if initialed by both Parties hereto. In no event shall the reduction as to any Season exceed 100% of the sum of the Capacity Charges withi...
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Related to Actual 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.

  • 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.

  • Excess Availability Borrowers shall maintain Excess Availability at ------------------- all times of at least $4,500,000.

  • 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.

  • EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.