Availability of and Changes to Service Sample Clauses

Availability of and Changes to Service. 2.1 Service and Bandwidth Availability and Speed. The Services you select may not be available in all areas or at the rates, speeds, or bandwidth generally marketed, and some locations may not qualify for the Services even if initial testing showed that your line was qualified. We will provision qualified HSI lines at the maximum line rate available to your location based on our standard line qualification procedures, unless you have selected a level of Services with a lower maximum line rate. Bandwidth is provided on a per-line (not a per-device) basis. The bandwidth available to each device connected to your Home Network will vary depending upon the number, type, age, software operating system, and configuration of devices using the Services and the type of use (for example, streaming media), among other factors. The speed of the Services may vary based on network or Internet congestion, your device configuration, your use and consumption of streaming or other digital media services, the condition of facilities used to deliver the Services and the wiring inside your location, among other factors. The Services and certain other Fios Services, such as Fios Home Phone and Fios TV VOD Services, share bandwidth on the fiber-optic connection to your home. The bandwidth available for the Services may be reduced temporarily (a) during times of significant utilization of Fios TV VOD Services in a particular area, (b) due to other unusual events such as network outage or failure, or (c) if you or someone in your household are simultaneously consuming multiple video content or data/internet/broadband streams. We and our suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Services to perform maintenance activities and to maintain session control. Our network management and performance practices are described in the following website and incorporated by reference herein: xxxxx://xxx.xxxxxxx.xxx/about/our-company/open-internet. 2.2 Conversion from HSI Services to Verizon Fios Internet Services. When Verizon is able to provision Services utilizing fiber optic technologies, we may in our discretion terminate your HSI Services and cease offering HSI Services to your location. In such case, we will offer you Fios Internet Services at the then applicable rates and terms, which may differ from your previous HSI Services rates and terms. If you are on a Term Plan and Verizon terminates or ceases to offer Services to your ...
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Availability of and Changes to Service. 6.1 Service and Bandwidth Availability and Speed. The Service you select may not be available in all areas or at the rates, speeds, or bandwidth generally marketed. We will provision HSI service using the maximum bandwidth rate available to your location based on our standard qualification procedures, unless you have selected a level of service with a lower maximum rate. Bandwidth is provided on a per- line (not a per-device) basis. The bandwidth available to each device connected to the network will vary depending upon the number, type and configuration of devices using the Service and the type of use (e.g., streaming media), among other factors. The speed of the Service will vary based on network or Internet congestion, your computer configuration, the condition of your telephone line and the wiring inside your location, among other factors. GCI and GCI's suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control. 6.2 Changes to your local voice telephony service. If you change your local telephone GCI or discontinue your local telephone service, GCI may in its sole discretion either terminate your Service or continue to provide High-Speed Internet Service without local GCI voice service at the then-current rates, terms and conditions applicable to your new Service plan and you agree to pay any new or higher monthly fee that may apply to your new Service plan. If we elect to terminate your Service under this Section 6.2, then we reserve the right to charge any early termination fees and to apply the Equipment return terms under Section 8.
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Availability of and Changes to Service a. Buckeye provisions your modem and engineers its network so that its Subscribers can enjoy the speeds to which they subscribe. However, even where the network is optimally engineered, conditions outside Buckeye’s control may affect service speed. Buckeye advertises its speeds based on the tier of service to which a Subscriber subscribes, and the maximum engineered speed at any service tier meets or exceeds the speed advertised at the point of demarcation (i.e., the point exterior to the residence at which the network equipment is continuously owned, maintained, and controlled by Buckeye). Accordingly, the speeds advertised for the Service r e a s o n a b l y describe the network upload and download speeds to that point and that you are therefore likely to experience under real‐world conditions. Please note that your signal at modem may be degraded by a number of factors after the demarcation point, notably internal wiring and the inside configuration of customer equipment. If you believe that your service is not meeting the advertised speed to the demarcation point, please contact Buckeye so it can determine if there is a Buckeye network issue that is interfering with your level of service. b. The bandwidth available to each device connected to the network will vary depending upon the number, type, and configuration of devices using the Service, and the type of use (e.g., streaming media), among other factors. The speed of the Service will vary based on the condition of the relevant network infrastructure, your computer configuration, overall load on your internal network system, your use of Buckeye video on demand service, the condition of your cable lines and the wiring inside your location, and other factors that may be outside Buckeye’s control. Buckeye reserves the right, at any time, with or without prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control as necessary to maintain and improve appropriate customer service. c. Buckeye reserves the right to change any of the features, content or applications of the Service, including the maximum speeds of the Service, from time to time. d. If the equipment we provide you includes the ability to transmit internet signals wirelessly, also known as Wi‐Fi, Buckeye will use reasonable efforts to provide useful and reliable Wi‐Fi service to you, but you acknowledge that Wi‐Fi utilizes public, unlicensed radio‐frequency spectrum and, as a conseq...
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Availability of and Changes to Service a) Service and Bandwidth Availability and Speed. The Service you select may not be available in all areas or at the rates, speeds, or bandwidth generally marketed, and some locations may not qualify for the Service even if initial testing showed that your line was qualified. We will provision qualified HSI lines at the maximum line rate available to your location based on our standard line qualification procedures, unless you have selected a level of service with a lower maximum line rate. Bandwidth is provided on a per-line (not a per-device) basis. The bandwidth available to each device connected to the network will vary depending upon the number, type and configuration of devices using the Service and the type of use (e.g., streaming media), among other factors. The speed of the Service will vary based on network or Internet congestion, your computer configuration, the condition of your telephone line and the wiring inside your location, among other factors. We and our suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control. b) Changes to your local voice telephony service. If you change your local telephone company or discontinue your local telephone service, we may in our discretion either terminate your Service or continue to provide Broadband Service without local Frontier voice service at the then-current rates, terms and conditions applicable to your new Service plan and you agree to pay any new or higher monthly fee that may apply to your new Service plan. If we elect to terminate your Service under this Section 6.2, then we reserve the right to charge any early termination fees and to apply the Equipment return terms under Section 9.
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Availability of and Changes to Service a. Subject to applicable law and the terms and provisions of this Agreement, Buckeye reserves the right to change, rearrange, add, delete or otherwise modify the Service at any time, with or without prior notice to you, including without limitation changing, rearranging or otherwise modifying Buckeye’s Programming packages, the selections available in those packages, the Equipment, and any other features, products and services that it offers. Buckeye makes no warranty or assurance that it will have the ongoing right to retransmit signals from network or other broadcasters and interruptions or terminations of programming may occur for that and other reasons. b. Buckeye will make all commercially reasonable efforts to provide Subscribers with the Programming to which they subscribe. However, you agree and understand that the Service and the Programming may be interrupted from time to time for a variety of reasons. Buckeye does not represent, warrant, or guarantee that the Service, the Programming or the Equipment will be available or perform in a manner that meets your needs. c. If you have Service problems: i. Buckeye will attempt to correct service problems caused by our Equipment or Software but it is not required to install, service, or replace other equipment or software. Buckeye may charge you for service calls. Please contact Buckeye for more information and details on service calls. ii. Buckeye has no liability for Service interruptions and no compensation will be paid to you in the event of a Service interruption; except that upon request it will credit you for an outage if you lose all the Service (a) for more than 24 consecutive hours if the cause of the outage was outside our reasonable control, or (b) for more than 4 consecutive hours if the cause is within our reasonable control. All credit requests must be made within 30 days of your next xxxx following the outage or Service issue. Examples of problems beyond our reasonable control include without limitation those caused by storms and other natural disasters, vandalism, terrorism, regulations or governmental acts, fires, civil disturbances, electrical power outages, computer viruses, or labor disputes. iii. Local law may impose other outage credit requirements with respect to some or all of the Services. If this is the case in your area, Buckeye will follow the local law. iv. Our Services may not work with equipment, software or services that Buckeye did not provide to you. v. Buckeye will res...
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Availability of and Changes to Service a. Nymble provisions your modem and engineers its network so that you can enjoy the speeds to which you subscribe. However, even where the network is optimally engineered, conditions outside Nymble’s control affect service speed. Except in the case of a dedicated Internet connection, no Internet service provider can guarantee a particular speed at all times to its customers, and Nymble cannot and does not guarantee Service will at all times and under all conditions achieve the specific speeds. However, the Nymble system is engineered to deliver speeds that exceed the speed advertised, so the advertised speeds reasonably describe the b. The bandwidth available to a device connected to via Nymble will vary depending on the number, type, and configuration of devices using the Service, and the type of use (e.g., streaming media), among other factors. Service speed will vary based on the condition of the relevant network infrastructure, your computer configuration, overall load on your internal network system, the condition of your cable lines and the wiring inside your location, and other factors that may be outside Nymble control. Nymble reserves the right, at any time and with or without prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control as necessary to maintain and improve appropriate customer service. c. Nymble reserves the right to change any of the features, content or applications of the Service, including the maximum speeds of the Service, rates and charges, required equipment, and upstream/downstream limitations, from time to time and with or without notice to you. If notice is provided, it will be provided pursuant to these Terms and Conditions or in any manner otherwise reasonably calculated to provide you notice. d. If the Nymble equipment includes the ability to transmit internet signals wirelessly, also known as Wi-Fi, Nymble will use reasonable efforts to provide useful and reliable Wi-Fi service to you within the otherwise applicable terms of your Service, but you acknowledge that Wi-Fi utilizes public, unlicensed radio frequency spectrum and, as a consequence is subject to many external interferences, environmental influences, and other factors and variables beyond Nymble’s control. Performance and availability of Wi-Fi will vary depending on a number of factors, including but not limited to: (1) transmission and download speed and accuracy; (2) overall network usage patter...
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Availability of and Changes to Service 
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Related to Availability of and Changes to Service

  • Availability of Services CBT agrees not to discontinue or refuse to provide any service provided or required hereunder other than in accordance with the terms of this Agreement, or unless required by the Commission.

  • Availability of Service We will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in Internet, cellular or other communications availability. We will use diligent efforts to re-establish the Services as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance of that fact. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service.

  • AVAILABILITY OF AGREEMENT The employer must ensure that copies of this Agreement and the NES are available to all employees to whom they apply, such as on a notice board which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

  • Conditions to Obligation of Each Party to Effect the Merger The respective obligations of each party to this Agreement to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time of each of the following conditions:

  • Availability of Utilities All utility services necessary for the construction of the Improvements will be available prior to the commencement of construction, and all utility services necessary for the proper operation of the Improvements for their intended purposes are available at the Leased Premises or will be available at the Leased Premises prior to the Final Disbursement Date, at commercially comparable utility rates and hook-up charges for the vicinity, including water supply, storm and sanitary sewer facilities, gas, electricity and telephone facilities. Lessee shall furnish evidence of such availability of utilities from time to time at Lessor's request.

  • Availability of Funds The County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, or County funds, by providing written notice to Contractor as soon as is reasonably possible after the County learns of said unavailability of outside funding.

  • Limitation of responsibility of Existing Lenders (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents or any other documents; (ii) the financial condition of any Obligor; (iii) the performance and observance by any Obligor of its obligations under the Finance Documents or any other documents; or (iv) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender in connection with any Finance Document; and (ii) will continue to make its own independent appraisal of the creditworthiness of each Obligor and its related entities whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) Nothing in any Finance Document obliges an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause 24; or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under the Finance Documents or otherwise.

  • Certain Calculations and Tests (a) Notwithstanding anything to the contrary herein, but subject to Sections 1.10(b) and (c) and Section 1.11, all financial ratios and tests (including the Total Leverage Ratio, the First Lien Leverage Ratio, the Secured Leverage Ratio, the Interest Coverage Ratio and the amount of Consolidated Total Assets and Consolidated Adjusted EBITDA) contained in this Agreement that are calculated with respect to any Test Period during which any Subject Transaction occurs shall be calculated with respect to such Test Period and each such Subject Transaction on a Pro Forma Basis. Further, if since the beginning of any such Test Period and on or prior to the date of any required calculation of any financial ratio or test (i) any Subject Transaction has occurred or (ii) any Person that subsequently became a Restricted Subsidiary or was merged, amalgamated or consolidated with or into the Borrower or any of its Restricted Subsidiaries or any joint venture since the beginning of such Test Period has consummated any Subject Transaction, then, in each case, any applicable financial ratio or test shall be calculated on a Pro Forma Basis for such Test Period as if such Subject Transaction had occurred at the beginning of the applicable Test Period (it being understood, for the avoidance of doubt, that solely for purposes of (x) calculating compliance with Section 6.12(a) and (y) calculating the First Lien Leverage Ratio for purposes of the definitions of “Applicable Rate” and “Commitment Fee Rate”, in each case, no Subject Transaction occurring after the end of the relevant Test Period shall be taken into account). (b) For purposes of determining the permissibility of any action, change, transaction or event that requires a calculation of any financial ratio or test (including, without limitation, Section 6.12(a), any First Lien Leverage Ratio test, any Secured Leverage Ratio test, any Total Leverage Ratio test and/or any Interest Coverage Ratio test, the amount of Consolidated Adjusted EBITDA and/or Consolidated Total Assets), such financial ratio or test shall be calculated at the time such action is taken (subject to Section 1.11), such change is made, such transaction is consummated or such event occurs, as the case may be, and no Default or Event of Default shall be deemed to have occurred solely as a result of a change in such financial ratio or test occurring after the time such action is taken, such change is made, such transaction is consummated or such event occurs, as the case may be. (c) Notwithstanding anything to the contrary herein, with respect to any amounts incurred or transactions entered into (or consummated) in reliance on a provision of this Agreement (including any covenant or the definition of “Incremental Cap”) that does not require compliance with a financial ratio or test (including, without limitation, Section 6.12(a), any First Lien Leverage Ratio test, any Secured Leverage Ratio test, any Total Leverage Ratio test and/or any Interest Coverage Ratio test) (any such amounts, the “Fixed Amounts”) substantially concurrently with any amounts incurred or transactions entered into (or consummated) in reliance on a provision of this Agreement (including any covenant or the definition of “Incremental Cap”) that requires compliance with a financial ratio or test (including, without limitation, Section 6.12(a), any First Lien Leverage Ratio test, any Secured Leverage Ratio test, any Total Leverage Ratio test and/or any Interest Coverage Ratio test) (any such amounts, the “Incurrence-Based Amounts”), it is understood and agreed that the Fixed Amounts shall be disregarded in the calculation of the financial ratio or test applicable to the Incurrence-Based Amounts.

  • Non-Availability of Funds The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO’s obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor.

  • Availability of Types of Advances If any Lender determines that maintenance of its Eurodollar Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, or directive, whether or not having the force of law, or if the Required Lenders determine that (i) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available or (ii) the interest rate applicable to Eurodollar Advances does not accurately reflect the cost of making or maintaining Eurodollar Advances, then the Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

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