Common use of Average Capacity Factor Clause in Contracts

Average Capacity Factor. The Average Capacity Factor shall be calculated at the end of each billing month as follows: ACF\\n\\ = ((GKWH\\n\\ - (FALKWH\\n\\) / (Committed Capacity- Facility Auxiliary Load) / (BMH Where: [GKWH\\n\\ = The cumulative sum of GKWH\\n\\ delivered by Air Products for the most recent 36 billing month period, including the current billing month n, or for the actual number of billing months since the Commencement Date if less than 36 billing months have elapsed since the Commencement Date. [FALKWH\\n\\= The cumulative sum of FALKWH\\n\\ consumed by Air Products for the most recent 36 billing month period, including the current billing month n, or for the actual number of billing months since the Commencement Date if less than 36 billing months have elapsed since the Commencement Date. [BMH = The sum of (1) the total number of hourly periods in the most recent 36 billing months, including the current billing Schedule 4.4 Services and Supply Agreement month n, or for the actual number of billing months since the Commencement Date if less than 36 billing months have elapsed since the Commencement Date less (2) the number of hourly periods in the above billing months when Air Products was excused from delivering power due to events of Force Majeure or ▇▇▇▇▇ R&M being unable to receive power from Air Products at the Delivery Point due to maintenance, testing, or forced outages. For avoidance of doubt, any partial hourly period is counted as one full hourly period for purposes of this calculation. Notwithstanding the foregoing, the Average Capacity Factor for the first twelve billing months following the Commencement Date shall be deemed to be 95 percent. Beginning with the thirteenth billing month following the Commencement Date and for each billing month thereafter, the actual Average Capacity Factor will be calculated. In the event that the actual Average Capacity Factor calculated for the first twelve (12) billing months is greater or less than ninety- five percent (95%), ▇▇▇▇▇ R&M shall retroactively adjust the Power Charge payments ▇▇▇▇▇ R&M received for the first twelve (12) billing months.

Appears in 2 contracts

Sources: Services and Supply Agreement (Clark Refining & Marketing Inc), Services and Supply Agreement (Neches River Holding Corp)