Annual Time Availability Sample Clauses

Annual Time Availability. During the period commencing with the termination of the Adjustment Period and ending on the first anniversary of the Substantial Completion Date, and during each annual period thereafter ending on the next anniversary of the Substantial Completion Date through the expiration of the Warranty Period (and Extended Warranty Period), if the Measured Annual Time Availability is less than the Guaranteed Annual Time Availability, Seller shall pay to Owner an amount (the "Annual Availability Guaranty Liquidated Damages") equal to the quotient of the Guaranteed Annual Time Availability divided by the Measured Annual Time Availability, from which quotient is subtracted one (1) and the resulting sum multiplied by the Actual Output of all Wind Turbines during the applicable annual period multiplied by the Applicable Penalty Rate. The sum can be expressed as a formula as follows: