Availability Adjustment to Capacity Charge Clause Samples

Availability Adjustment to Capacity Charge. From and after the Commercial Operations Date, if the Facility does not achieve the Guaranteed Summer Super Peak Availability, Guaranteed Summer Partial Peak Availability or the Guaranteed Non-Summer On Peak Availability, as measured by Equivalent Availability in accordance with Appendix E, Seller shall be subject to the application of an Availability Adjustment as liquidated damages as provided in this Section 7.1.3.