Availability Exceptions Sample Clauses

Availability Exceptions. (a) The availability of a Train Path or a Path Usages is subject to: (i) ARTC’s Passenger Priority obligations under clause 3.8 of this agreement; (ii) emergencies or genuine and material safety considerations; (iii) matters outside of the reasonable control of ARTC (except for matters which arise due to ARTC’s negligence or breach of its obligations under this agreement); (iv) material failure of an Operator’s Service; (v) the Network Management Principles; (vi) without limiting any other clause of this agreement, any lawful order, direction or requirement given to ARTC by a Governmental Authority relating to the Network; and (vii) Third Party Works, (“Availability Exceptions”), provided that the Availability Exceptions apply only to the extent that the occurrence of the Availability Exception prevents ARTC (acting reasonably) from making that particular Train Path or Path Usage available to the Access Holder. (b) The Access Holder agrees at all times during the Term not to access or attempt to access the Network in any way other than is authorised by this agreement, or as authorised under a separate valid and binding access holder agreement.
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Availability Exceptions. ‌ (a) The availability of a Train Path or a Path Usages is subject to: (i) ARTC’s Passenger Priority obligations under clause 3.7 of this agreement; (ii) emergencies or genuine and material safety considerations; (iii) matters outside of the reasonable control of ARTC (except for matters which arise due to ARTC’s negligence or breach of its obligations under this agreement); (iv) material failure of an Operator’s Service; (v) the Network Management Principles; (vi) without limiting any other clause of this agreement, any lawful order, direction or requirement given to ARTC by a Governmental Authority; and (vii) Third Party Works, (“Availability Exceptions”). (b) The Access Xxxxxx agrees at all times during the Term not to access or attempt to access the Network in any way other than is authorised by this agreement.
Sample 1
Availability Exceptions. (a) The availability of a Train Path or a Path Usages is subject to: (i) ARTC’s Passenger Priority obligations under clause 3.8 of this agreement;
Sample 1
Availability Exceptions. 1. Service inaccessibility caused by the failure of facilities or communication network or which XXxxxxxxx.xxx has contracted a third party supplier to provide. 2. Physical damage to the facility and/or equipment due to Act of God circumstance. ______________________ + Certain portions of this exhibit have been omitted pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Securities and Exchange Commission.
Sample 1
Availability Exceptions. While it is the goal of P&D to achieve optimal service levels, we cannot be responsible for deficiencies caused by inaccurate or incomplete job detail or data, or any scheduling impact caused by or associated with circumstances beyond P&D’s control. Refer to Section 5 Quality Service Requirements for specific job requirements that will ensure delivery of quality services.
Sample 1

Related to Availability Exceptions

  • Availability Subject to the terms and conditions of this Agreement, Bank shall make Advances not exceeding the Availability Amount. Amounts borrowed under the Revolving Line may be repaid and, prior to the Revolving Line Maturity Date, reborrowed, subject to the applicable terms and conditions precedent herein.

  • General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.

  • High Availability Registry Operator will conduct its operations using network and geographically diverse, redundant servers (including network-­‐level redundancy, end-­‐node level redundancy and the implementation of a load balancing scheme where applicable) to ensure continued operation in the case of technical failure (widespread or local), or an extraordinary occurrence or circumstance beyond the control of the Registry Operator. Registry Operator’s emergency operations department shall be available at all times to respond to extraordinary occurrences.

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • Availability of Personnel The Subadvisor at its expense will make available to the Directors and Advisor at reasonable times its portfolio managers and other appropriate personnel, either in person, or, at the mutual convenience of the Advisor and the Subadvisor, by telephone, in order to review the Fund's investment policies and to consult with the Directors and Advisor regarding the Fund's investment affairs, including economic, statistical and investment matters relevant to the Subadvisor's duties hereunder, and will provide periodic reports to the Advisor relating to the investment strategies it employs.

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