H4-SV-14B nary knowhow Availability We are there whenever an Helical speed reduction gearbox H4

Flender/Flender Gear Units/Helical speed reduction gearbox H4

fect from time to time. Arbitrator has the meaning set forth in Section 1.3 . Assign or Assignment has the meaning set forth in Section 2.4.1 . Availability Notice has the meaning set forth in Section 1.1 . Available Capacity means the maximum (subject to Operating Limitations) amount of Capacity that is available on average during gi ven hour from the Facility when the Facility is not unavailable as result of Scheduled Outa ge. For purposes of clarity, the Available Capacity may exceed the Adjusted Contract Capacity. Average Energy Replacement Price means the average Energy Replacement Price as calculated by the summation of each MWh of replacement Energy for Contract Energy not delivered by Seller multiplied by its respectiv Energy Replacement Price, divided by the total amount of MWh of replacement Energy for Cont ract Energy not delivered by Seller. Bankrupt means with respect to any entity, such entity () files petition or otherwise commences, authorizes or acquiesces in the co mmencement of proceeding or cause of action under any bankruptcy, insolvency, reor ganization or similar law, or has any such petition filed or commenced against it and such involuntary petition is not dismissed within sixty ( Calendar Days, (ii) makes an assignment or any general ar rangement for the benefit of creditors, (iii) otherwise becomes bankrupt or insolvent (how ever evidenced), (iv) has liquidator, administrator, receiver, trustee, conservator or similar official ppointed with respect to it or any substantial portion of its property or assets, or () is generally una ble to pay its debts as they fall due. 3 LA\1.2 Bankruptcy Event has the meaning set forth in Section 1.1.4 . Base Load means the steady state operation of the Facility at its Available Capacity, excluding duct firing and with evaporative coolers on, in accordance with the Operating Limitations and Good Utility Practice. Business Day means any Calendar Day