Availability of Equipment Clause Samples

Availability of Equipment. LICENSEE’s permission to use Facilities shall extend to any equipment identified on Schedule A and any equipment installed at the Facilities during the term of this Agreement and for which ILLINOIS has trained LICENSEE’s authorized employees. ILLINOIS may remove equipment from or install equipment at the Facilities in its discretion without amending Schedule A. ILLINOIS will notify LICENSEE if additional charges are associated with the use of any equipment installed at the Facilities that were not originally listed in Schedule A. ILLINOIS will determine priority of equipment repairs and may limit equipment availability during repairs.

Availability of Equipment. Where any of the Equipment or Existing Equipment is underperforming or unavailable for any reason during the Term of this Contract any reduction in energy consumption by that Equipment or Existing Equipment resulting from such underperformance or unavailability shall not be deemed to be an Energy Saving for the purposes of this Contract and the Energy Savings shall be adjusted to take account of such underperformance or unavailability.

Availability of Equipment. Each Department shall make a list of available equipment, which lists shall collectively be attachment “A” to this Agreement. Requests shall be responded to promptly. Each party, at their discretion, may deny a request for Equipment. Generally, parties agree to make reasonable effort to provide requested equipment unless it places a burden on the Provider, or if resources are inadequate, unavailable, or already in use. The Provider may request the immediate return of equipment from the Borrower to prevent inadequate resources being available for the provision of emergency services to the Provider’s community. Upon a request for immediate return under this paragraph, the Borrower shall work with the Provider to return the equipment as soon as possible. The Provider may request the return of equipment by a future date. Upon request Borrower shall return equipment on the date requested or if no date is specified as soon as practicable and without unreasonable delay.

Availability of Equipment. 9.1 The client shall be charged for the use of machines, equipment, research areas and other materials and/or facilities of or by third parties. 9.2 The client shall be liable for any damage to materials and/or facilities during the period in which these are made available, or before they have been received in return. 9.3 The contractor is not liable for damages to or by persons, machines, equipment, research areas and other materials and/or facilities made available by the client to the contractor or to a third party employed by the contractor, and client holds contractor harmless from all claims in this respect.

Availability of Equipment. Vehicles requested by the DISTRICT are subject to availability. DISTRICT and CONTRACTOR mutually agree that CONTRACTOR'S vehicles are subject to prior commitment, and that CONTRACTOR cannot be obligated to provide greater than number of vehicles on hand.

Availability of Equipment. Subject to the Customer's payment of the Charges, TTL will provide support for the Mobile Services to the Customer as follows:

Availability of Equipment. ‌ 19.1. Where any of the Equipment and/or Existing Equipment is underperforming or unavailable for any reason during the Term of this Agreement any reduction in energy consumption resulting from such underperformance or unavailability shall not be deemed to be an Energy Saving for the purposes of this Agreement and the Contract Baseline shall be adjusted in accordance with Clause 20 to take account of such underperformance or unavailability. 44 ESCO’s maintenance responsibilities will be discussed during dialogue and can be specified in Client requirements in tender documents – will vary on project by project basis. 45 Insert relevant standard. • PART 3 – MEASUREMENT, VERIFICATION & PAYMENT‌

Availability of Equipment. 20.1 Until ten years from the date of expiration of the initial term of the Agreement, Seller shall make available for sale to Buyer, at Seller's then current prices, the Equipment and Software to enable Buyer to expand and repair its microwave radio network. Such Equipment and Software shall provide equivalent functionality for and shall be compatible with as to form and fit, and without the requirement of significant modifications to, such microwave radio network. 20.2 Seller may at any time cease production or purchase, as the case may be, of any Equipment (or parts thereof) or Software so long as Seller maintains a sufficient inventory of Equipment (or parts thereof) and Software to meet its obligations pursuant to Section 20.1 above. In the event that such discontinuance of production or purchase is in anticipation of migration to new generation Equipment (or parts thereof) or Software which is not compatible with that purchased by Buyer hereunder, Seller shall notify Buyer of its intent to discontinue production or purchase, as the case may be, specifying the approximate number of such items of Equipment (or parts thereof) or Software Seller then has in inventory, sufficiently in advance of the final production run or purchase to allow Buyer to purchase any additional items of Equipment (or parts thereof) or Software or other parts it may desire for inclusion in said final production run or purchase. 20.3 Seller shall, upon Buyer's written request, deliver to Buyer such drawings, specifications, special tooling and information as may be necessary to manufacture or cause to be manufactured or procured any items of Equipment (or parts thereof) or Software as to which Seller has notified Buyer of cessation of manufacture or purchase pursuant to Section 20.2 above, together with a worldwide, nonexelusive, royalty-free license to make, use or have made for Buyer's intended use, any such items of Equipment (or parts thereof or Software to the extent Seller is able to grant such a license.

Availability of Equipment. Neither party to this agreement is obligated to furnish any services to the requesting party if, in the sole discretion of the Fire Chief or his/her designee, the apparatus, equipment, personnel, or any combination thereof, is not available.