Existing Units. In lieu of constructing the Units, Georgia Power may notify LEM prior to [redacted], of the need for LEM to select one or more of the units from the list in Section 9.5.2 ("Existing Units"). 9.5.1 Georgia Power warrants that the units listed in Section 9.5.2 meet the following criteria as of the date of this Agreement: 9.5.1.1 The units are combustion turbine units. 9.5.1.2 The Equivalent Availability Factor, as defined in the Generation Availability Data System as maintained by the North American Electric Reliability Council [redacted]. 9.5.1.3 The commercial operation dates of the units were January 1, 1990 or later. 9.5.2 The units from which LEM may select Existing Units are listed as follows: [redacted] 9.5.3 In the event that Georgia Power gives the notice described in Section 9.5, then LEM shall have the right to review and inspect the units and relevant information relating to the units. Within [redacted] after receipt of Georgia Power's notification, LEM shall give to Georgia Power notice of the Existing Units selected. Upon such notice being given by LEM, the selected units will be treated as the "Units" for all purposes under this Agreement.
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Existing Units. In lieu of constructing the Units, Georgia Power may notify LEM prior to [redacted], of the need for LEM to select one or more of the units from the list in Section 9.5.2 ("Existing Units").
9.5.1 Georgia Power warrants that the units listed in Section 9.5.2 meet the following criteria as of the date of this Agreement:
9.5.1.1 The units are combustion turbine units.
9.5.1.2 The Equivalent Availability Factor, as defined in the Generation Availability Data System as maintained by the North American Electric Reliability Council Council, [redacted].
9.5.1.3 The commercial operation dates of the units were January 1, 1990 or later.
9.5.2 The units from which LEM may select Existing Units are listed as follows: [redacted]
9.5.3 In the event that Georgia Power gives the notice described in Section 9.5, then LEM shall have the right to review and inspect the units and relevant information relating to the units. Within [redacted] after receipt of Georgia Power's notification, LEM shall give to Georgia Power notice of the Existing Units selected. Upon such notice being given by LEM, the selected units will be treated as the "Units" for all purposes under this Agreement.
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