Common use of Availability of Energy Clause in Contracts

Availability of Energy. Subject to any other limitations set forth in the Rules or the Service Tariff (including low-flow conditions), if Customer or Customer’s Authorized Recipient directly or indirectly provides the Allocation to Ultimate Users for physical delivery to such Users’ accounts as set forth in Appendix A, Authority will supply Customer’s (or Ultimate Users’, as the case may be) entire demand and energy usage up to the Contract Demand. If there is any portion of the energy associated with the Allocation made available to Customer or Customer’s Authorized Recipient (at a monthly load factor of seventy percent (70%) pursuant to the Authority’s regular scheduling requirements) that is not required to serve such Ultimate Users’ facilities, such energy may be utilized as Excess Power in the manner described in Appendix A. As between Customer and the Authority, for any usage above the Contract Demand, it is Customer’s responsibility to arrange for provision of such excess service by a third party supplier, and the apportionment of energy between suppliers shall be as set forth in Service Tariff No. HC-1, or any successor tariff. Subject to any other limitations set forth in the Rules or Service Tariff (including low-flow conditions), if Customer or Customer’s Authorized Recipient provides the benefits of the Allocation to Ultimate Users in the form of Power Credits as set forth in Appendix A, the Allocation will be delivered at a monthly load factor of seventy percent (70%) pursuant to the Authority’s regular scheduling requirements.