Common use of Seller’s Notices of Availability Clause in Contracts

Seller’s Notices of Availability. By 5:00 am each day, commencing seven calendar days prior to the Expected Initial Delivery Date and continuing thereafter throughout the Services Term, Seller shall provide Buyer a complete and accurate Notice of the expected availability of all relevant Products and Capacity of each Unit (as reasonably determined at that time) for that day and each of the next thirteen (13) days or such shorter period as the Buyer may specify from time to time and in the format per Buyer’s specification, setting forth therein the percentage of the Maximum Contract Capacity of the Units that is expected to be available for Scheduled Operations and a disclosure of the existence and expected duration of any Outage or any Instructed Operation, the amount of Capacity affected by such Outage and the nature and effect of the Instructed Operation on each Unit’s availability, regardless of whether or the extent to which a Unit is then or may be scheduled for operation; provided that (i) disclosure of Outages not previously Noticed or approved by Buyer pursuant to Section 3.10 shall not be deemed an Excused Scheduled Maintenance Outage unless explicitly approved as such by Buyer, and (ii) any notice of availability that is below a given Unit’s Minimum Load per Appendix II shall be deemed fully unavailable for the purposes of bidding and scheduling and calculation of Availability pursuant to Section 4.1 for that Unit, and (iii) such information shall be required only for days that are part of the Services Term.

Seller’s Notices of Availability. By 5:00 am a.m. each day, commencing seven (7) calendar days prior to the Expected Initial Delivery Date and continuing thereafter throughout the Services Delivery Term, Seller shall provide Buyer a complete and accurate Notice of the expected availability of all relevant Products and Capacity of each Unit (as reasonably determined at that time) for that day and each of the next thirteen (13) days or such shorter period as the Buyer may specify from time to time and in the format per Buyer’s specification, setting forth therein the percentage of the Maximum Contract Capacity of the Units that is expected to be available for Scheduled Operations and a disclosure of the existence and expected duration of any Outage or any Instructed Operation, the amount of Capacity affected by such Outage and the nature and effect of the Instructed Operation on each Unit’s availability, regardless of whether or the extent to which a Unit is then or may be scheduled for operation; provided that (iA) disclosure of Outages not previously Noticed or approved by Buyer pursuant to Section 3.10 3.8 shall not be deemed an Excused Scheduled Maintenance Outage unless explicitly approved as such by Buyer, and (iiB) any notice Notice of availability that is below a given Unit’s Minimum Load per Appendix II shall be deemed fully unavailable for the purposes of bidding and bidding, scheduling and or calculation of Availability pursuant to Section 4.1 for that Unit, and (iiiC) such information shall be required only for days that are part of the Services Delivery Term. Buyer is authorized without liability to schedule up to and in accordance with the most recent availability Notice received from Seller.