Common use of Guaranteed Availability Clause in Contracts

Guaranteed Availability. Owner guarantees the Project will be available for use by NYSEG for at least ninety-eight percent (98.0%) of the hours in each calendar quarter during the Contract Term (“Guaranteed Availability”). For each calendar quarter, NYSEG shall calculate the actual availability percentage of the Project (“Actual Availability”), which calculation shall be: Where:

Guaranteed Availability. Owner guarantees the Project will be available for use by NYSEG for at least ninety-eight percent (98.0%) of the hours in each calendar quarter during the Contract Term (“Guaranteed Availability”). For each calendar quarter, NYSEG shall calculate the actual availability percentage of the Project (“Actual Availability”), which calculation shall be: ∑ℎ𝑜𝑢𝑟=𝑅𝑒𝑓𝑒𝑟𝑒𝑛𝑐𝑒 𝐻𝑜𝑢𝑟𝑠 𝑀𝑊 𝐴𝑣𝑎𝑖𝑙𝑎𝑏𝑙𝑒 𝐴𝑐𝑡𝑢𝑎𝑙 𝐴𝑣𝑎𝑖𝑙𝑎𝑏𝑖𝑙𝑖𝑡𝑦 = ℎ𝑜𝑢𝑟=0 Where: