Unit Equivalent Availability Buydown Amount Clause Samples

Unit Equivalent Availability Buydown Amount. Once Contractor has demonstrated in a Completed Equivalent Availability Test that a Unit has achieved at least **** percent (****%) of the **** but less than **** percent (****%) of the **** while in compliance with the Environmental Compliance Target, Appendix E and all Applicable Legal Requirements applicable to Contractor under this Agreement and necessary for the Unit to be capable of operations in compliance therewith, Contractor may elect to have the Unit Equivalent Availability Buydown Amount **** the **** achieving **** percent (****%) of the ****; provided, however, that the Parties shall have consulted with each other as to the comparative advantages and disadvantages of spending additional Reimbursable Costs in order to achieve improved levels of Facility performance with respect to the Unit Equivalent Availability Target and the Parties shall have agreed (each acting reasonably and in good faith) that the **** should be **** the ****. If the Parties are not in agreement, Contractor will be entitled to proceed with Work directed at improving Unit Equipment Availability; provided, that (a) Contractor presents a reasonably detailed plan to PSGC, identifying the problems to be corrected and the steps to be undertaken to address such problems and the timeline associated therewith, and (b) thereafter provides to PSGC a weekly written status report outlining the progress made by Contractor and adjusting, if necessary, the expected cost and expense of such correction plan. Contractor agrees that it will not withhold its consent to **** the applicable **** the **** if the **** to be expended to **** the cause(s) of the **** would not be incurred by a reasonable person objectively considering the circumstances of the Parties. PSGC agrees to operate each Unit from and after Substantial Completion in accordance with the Facility Manual and, in the absence of specific direction in such Facility Manual, Prudent Industry Practices. Notwithstanding anything to the contrary herein, the **** applicable to