AVAILABILITY OF THE SYSTEM Sample Clauses

AVAILABILITY OF THE SYSTEM. 2.1 The right of Customer to use the System and the Services is subject to the availability of the System. Not all Services will be available in all locations (particularly in remote or enclosed areas), on all Pace Devices or all vehicles, or at all times. Additional availability restrictions may result from the use of certain internet or telecommunication services. Other problems that are outside the control of Company may arise that impair Customer’s access to or use of the System or Services, including weather, obstructing objects and buildings, Customer’s failure to properly maintain the Pace Device and the System, Customer modification of the System or Pace Device, or damage to the Pace Device. Company operates in accordance with and subject to all applicable Laws, and as such, the Services may not be available in every state or country. 2.2 The System may be unavailable due to maintenance work on the System Software or System Portal. Company will endeavor to minimize disruption of the System during maintenance.
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AVAILABILITY OF THE SYSTEM. 2.1 The right of Customer to use the System and the Services is subject to the availability of the System. Not all Services will be available in all locations (particularly in remote or enclosed areas), on all Vehicles, or at all times. Additional availability restrictions may result from the use of certain internet or telecommunication services. Other problems that are outside the control of Company may arise that impair Customer’s access to or use of the System or Services, including weather, obstructing objects and buildings, Customer’s failure to properly maintain the Vehicle and the System, Customer modification of the System or Vehicle, or damage to the Vehicle. Company operates in accordance with and subject to all applicable Laws, and as such, the Services may not be available in every state or country. 2.2 The System may be unavailable due to maintenance work on the System Software or System Portal. Company will endeavor to minimize disruption of the System during maintenance.
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AVAILABILITY OF THE SYSTEM not guaranteed (a) We will make all reasonable efforts to ensure the availability of the System at all times, however, the System may require refinement and maintenance and so, availability cannot be guaranteed. (b) We will make all reasonable efforts to schedule planned refinements and maintenance, that will result in the System being unavailable, outside of normal business hours (Monday to Friday 9am-5pm). (c) If the System will not be available during normal business hours (Monday to Friday 9am- 5pm) due to Our decision to perform maintenance to the System, We will attempt to provide reasonable notice to You of the unavailability of the System.
Sample 1
AVAILABILITY OF THE SYSTEM. First priority to the availability and capacity of the System shall be given to the Gas produced in the Project Area by Parallel and Capstone, and their respective successors and assigns, and gathered pursuant to that certain Gas Gathering Agreement, dated or to be dated of even date herewith, among Parallel, Capstone and the Joint Venture, and being in substantially the form attached hereto as Exhibit “C”.
Sample 1
AVAILABILITY OF THE SYSTEM. Esanda is not liable and accepts no responsibility for any System failures or disruptions (including but not limited to the loss of data) attributable to a systems or equipment failure, or due to reliance by Esanda on third party products or interdependencies including electricity or telecommunications which results from the temporary breakdown of or interruption to the System or any other circumstances beyond Esanda’s reasonable control. The Intermediary is responsible for ensuring interoperability of the System with the Intermediary’s other software and systems. Esanda is not liable for and accepts no responsibility for any System failure, or failure of the Intermediary’s other software or systems, due to interoperability issues. Esanda does not represent or guarantee that Internet access will be uninterrupted. The Intermediary acknowledges that internet access may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors including technical difficulties with or the performance of the Internet or infrastructure failures. Esanda may withdraw or deny access to the System without prior notice to the Intermediary for reasons of security or quality of the telecommunications service. Esanda will not be liable to the Intermediary in any way in relation to this denial of access to the System.
Sample 1
AVAILABILITY OF THE SYSTEM. DLL shall use best endeavours to ensure that the System shall become and remain available to the Vendor during the time indicated in article 4.1.
Sample 1
AVAILABILITY OF THE SYSTEM. The Subscriber will have access to the Association MLS® System at all times except for time required for normal and adequate maintenance of hardware and software. No access is available to GeoWarehouse, REALTOR Link™ or Project Connect.
Sample 1

Related to AVAILABILITY OF THE SYSTEM

  • 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.

  • 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 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 Funding This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited by the receipt and availability of funds which are received from the Participating Entities by NCTCOG dedicated for the purposes of this Agreement.

  • 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.

  • Availability of Information To make DHCS PI and PII available to the DHCS and/or 15 COUNTY for purposes of oversight, inspection, amendment, and response to requests for records, 16 injunctions, judgments, and orders for production of DHCS PI and PII. If CONTRACTOR receives 17 DHCS PII, upon request by COUNTY and/or DHCS, CONTRACTOR shall provide COUNTY and/or 18 DHCS with a list of all employees, contractors and agents who have access to DHCS PII, including 19 employees, contractors and agents of its subcontractors and agents.

  • 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 Records Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town.

  • Availability of Documents Seller has made available to Purchaser copies of all documents, including without limitation all agreements, contracts, commitments, leases, plans, instruments, undertakings, Authorizations, permits, licenses, patents, trademarks, trade names, service marks, copyrights and applications therefor, listed in the Disclosure Schedule or referred to herein. Such copies are true and complete and include all amendments, supplements and modifications thereto or waivers currently in effect thereunder.

  • 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.