Common use of Availability Payment Calculation Clause in Contracts

Availability Payment Calculation. 10.2.2.1 Availability Payments shall be calculated and earned by Developer according to the methodology set forth in Exhibit 10 (Payment Mechanism). The Availability Payments payable during any given Fiscal Year shall never exceed the MAP for that Fiscal Year, determined as set forth in Exhibit 10 (Payment Mechanism). 10.2.2.2 Each Availability Payment constitutes a single, all-inclusive payment with no fixed component and no separation of payments for operations, capital, maintenance, Rehabilitation Work, Handback or Rehabilitation Work. Availability Payments are not intended and shall not be construed as progress payments or retention under Indiana Law. 10.2.2.3 In addition to any other deductions or withholdings allowed under this Agreement, the Availability Payments shall be subject to adjustment for Unavailability Events, Noncompliance Events and other adjustments in accordance with Exhibit 10 (Payment Mechanism), subject to the limitation on adjustments during an IFA step-in as set forth in Section 11.7.

Availability Payment Calculation. ‌ 10.2.2.1 Availability Payments shall be calculated and earned by Developer according to the methodology set forth in Exhibit 10 (Payment Mechanism). The Availability Payments payable during any given Fiscal Year shall never exceed the MAP for that Fiscal Year, determined as set forth in Exhibit 10 (Payment Mechanism). 10.2.2.2 Each Availability Payment constitutes a single, all-inclusive payment with no fixed component and no separation of payments for operations, capital, maintenance, Rehabilitation Work, Handback or Rehabilitation Work. Availability Payments are not intended and shall not be construed as progress payments or retention under Indiana Law. 10.2.2.3 In addition to any other deductions or withholdings allowed under this Agreement, the Availability Payments shall be subject to adjustment for Unavailability Events, Noncompliance Events and other adjustments in accordance with Exhibit 10 (Payment Mechanism), subject to the limitation on adjustments during an IFA step-in as set forth in Section 11.7.