Availability Percentage Clause Samples

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Availability Percentage. Seller shall report to Buyer the Availability Percentage for each month within fifteen (15) days following the end of such month. At the end of each Contract Year (excluding the first and last Contract Years, which are not full calendar years), Buyer shall calculate the overall Availability Percentage for such Contract Year. If the Availability Percentage for any such Contract Year is at or above 90%, irrespective of the fluctuations from month to month, there will not be any Availability Shortfall Damages due from Seller to Buyer. In the event the Availability Percentage is below 90% for any such Contract Year, Seller shall pay Buyer Availability Shortfall Damages. The Availability Shortfall Damages shall be calculated by comparing the Deemed Output against the Contract Capacity for each month in such Contract Year. Only the months where the Availability Percentage was less than 90% will be subject to the Availability Shortfall Damages. The Availability Shortfall Damages for any such month shall be equal to (x) the difference between the Deemed Output and Contract Capacity for such month (expressed in MWhs) multiplied by (y) five dollars ($5) per MWh. The sum of the Availability Shortfall Damages for each applicable month in such Contract Year is the amount Seller will be obligated to pay to Buyer. Buyer shall send an invoice to Seller reflecting the amount due, and Seller shall make the payment to Buyer within 30 days of the invoice date. An example of how the Availability Shortfall Damages are to be calculated is set forth in the attached Exhibit 14 [Example of Availability Shortfall Damages].
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Availability Percentage. The number of minutes in an applicable measurement period where the Advertising Service is available, divided by the total minutes in such measurement period.
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Availability Percentage. “Availability” percentage is calculated as: (a) the total number of minutes in a Contracted Month, minus (b) the total number of minutes of Downtime in a Contracted Month, with the resulting fraction expressed as a percentage.
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Availability Percentage. Availability Percentage will be calculated as follows: PowerSchool MSA, February 2022 version 6 This Exhibit B sets forth the additional policy and expectations supporting PowerSchool’s provision of Professional Services to the Customer in connection with a PowerSchool Offering provided pursuant to this Agreement.
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Availability Percentage. The Software Services will be available for the Availability Percentage set forth in the “Details per Service Level Ordered” table below, subject to System Maintenance.
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Availability Percentage. Availability Percentage will be calculated as follows: This Data Privacy Agreement (“DPA”) supplements the agreed to license and service agreement for the PowerSchool Services between the PowerSchool Contracting Entity (“PowerSchool”) and the entity identified in the signature block below (“Customer”) and is made and entered into as of the last signature below, (the “Effective Date”). Below are the terms and conditions pursuant to which any Customer Data will be handled by PowerSchool and permitted third parties during the term of the Contract and after its termination. Any capitalized terms not defined herein shall have the meaning given to them in the Contract. PowerSchool and Customer are individually known as a “Party” and collectively referred to as “Parties.”
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Related to Availability Percentage

  • Commitment Percentage With respect to each Lender, the percentage set forth on Schedule 1.1 hereto as such Lender’s percentage of the aggregate Commitments of all of the Lenders, as the same may be changed from time to time in accordance with the terms of this Agreement.

  • Undrawn Availability After giving effect to the initial Advances hereunder, Borrowers shall have Undrawn Availability of at least $10,000,000;

  • Unused Revolving Line Facility Fee A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to one quarter of one percent (0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances hereunder; and

  • Availability Period The Line of Credit is available between the date of this Agreement and [October 1, 2008,] or such earlier date as the availability may terminate as provided in this Agreement (the "Expiration Date").

  • FUNDING AVAILABILITY This Contract is contingent upon the continued availability of funding. If funds become unavailable through the lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidation, or any other disruptions of current appropriations, DFPS will reduce or terminate this Contract.