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Availability Warranty Sample Clauses

Availability Warranty. The Supplier shall not be liable for any defects in the System (hardware and/or Software) resulting from: (a) operating of the System by the Purchaser not in line with the Documentation provided the Documentation is correct, proper and complete, (b) changes, repairs or amendments to the System or any Part thereof not in compliance with this Contract provided that they have not been performed by the Supplier or its Affiliate or Sub Suppliers,
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Availability Warranty. RF Code warrants to Customer that RF Code will maintain the availability of the Service as provided in the chart below (excluding maintenance outages, outages beyond RF Code's reasonable control, and outages that result from any Customer technology issues).
Sample 1
Availability Warranty. 8.1 The Service is provided with no warranty whatsoever save as set out in this condition 8. All other warranties, conditions and guarantees are excluded to the fullest extent permitted by law, unless expressly provided for elsewhere in this Agreement. In particular, SCGSW does not guarantee that the Services will be uninterrupted or error free, that the Services will be continuous or uninterrupted, nor that the Services are free of viruses, malware or any malicious or disabling code. 8.2 SCGSW agrees to use its best endeavours: 8.2.1 to supply the Services to the Customer using the reasonable skill and care of a competent communication provider and in accordance with the Agreement; and 8.2.2 to ensure that the Service is available for use by the Customer in accordance with the Service standards for the time being set out in the Services Schedule 8.3 In the unlikely event of any fault with the Service or non-compliance with the warranty set out in condition 8.1, SCGSW will endeavour to fix, correct or provide a workaround for the fault or non-compliance as soon as reasonably practicable, except where an alternative course of action is required in accordance with condition 7.6. SCGSW’s sole liability shall be to repair, rectify or re-perform the Services in accordance with this condition 8.3, at SCGSW’s election. 8.4 Any timescales set out in the Agreement for the provision of the Services are indicative only and time shall not be of the essence for the provision of the Services. SCGSW will use its best endeavours to meet such timescales.
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Availability Warranty. During the Warranty Period, Supplier warrants that the Turbines, when installed in accordance with the Installation Manual, will, on average, be capable of collectively operating at a level of no less than ninety (90) percent availability for the six-month period after the Final Acceptance Date and no less than ninety-five (95) percent availability for the six month period thereafter, and each of the subsequent years of the Warranty Period (“Guaranteed Average Availability”). Availability shall be measured in accordance with Exhibit K. To the extent the Turbines fail to be capable of collectively operating at the required minimum level during any applicable period, Supplier agrees and acknowledges that Owner will suffer damages in the form of lost revenues and income and agrees to pay Owner damages in amounts calculated in the manner set forth in Exhibit K.. The parties agree that the Availability Liquidated Damages are a reasonable approximation of the losses and damages likely to be suffered by Owner and are not intended to be punitive or excessive, and shall be payable notwithstanding any provision of this Agreement otherwise limiting consequential damages. Supplier’s aggregate liability for liquidated damages under this Section 6.6 shall not exceed an amount equal to ten percent (10%) of the Contract Price actually paid by Owner to Supplier.
Sample 1
Availability Warranty. The Contractor warrants to the Buyer, for each annual period during the Term, that the annual average Availability of the Wind Farm calculated at the end of each such annual period shall be no less than [at least 95%]. For each annual period, the average Availability of the Wind Farm will be calculated as the arithmetical average of the Availabilities of each and every one of the WTGs. If the annual average Availability of the Wind Farm (“AA”) is less than the Availability Warranty (“AW”),
Sample 1
Availability Warranty. During the Warranty Period, Seller warrants that the Wind Turbines, when installed in accordance with the Erection and Installation Manual, will achieve not less than [ * *] percent Availability for the six-month period after the Final Completion Date and not less than [* *] Availability for the six-month period thereafter, and for each of the subsequent years of the Warranty Period (“Guaranteed Availability”). Availability shall be measured in accordance with Exhibit R. To the extent the Wind Turbines fail to achieve the minimum levels of Availability stated in this Section 10.6 during any applicable period, Seller agrees and acknowledges that Owner will suffer damages in the form of lost revenues and income and agrees to pay Owner damages in amounts calculated in the manner set forth in Exhibit R (the “Availability Liquidated Damages”). The parties agree that the Availability Liquidated Damages are a reasonable approximation of the losses and damages likely to be suffered by Owner and are not intended to be punitive or excessive, and shall be payable notwithstanding any provision of this Agreement otherwise limiting consequential damages. Seller’s aggregate liability for liquidated damages under this Section 10.6 shall not exceed an amount equal to [* *] of the Contract Price actually paid by Owner to Seller.
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Availability Warranty. QUALCOMM warrants that it shall maintain those elements of the QUALCOMM Service that are under the control of QUALCOMM (and specifically excluding the force majeure events set forth in this Section 4.1 below, which force majeure events include
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Related to Availability Warranty

  • 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.

  • 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.

  • Availability of Rule 144 The Purchaser shall not be obligated to register shares of DocuNet Common Stock held by the Seller at any time when the resale provisions of Rule 144(k) (or any similar or successor Seller provision) promulgated under the Securities Act are available to the Seller.

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • 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.

  • Closing Availability After giving effect to all Borrowings to be made on the Effective Date and the issuance of any Letters of Credit on the Effective Date and payment of all fees and expenses due hereunder, and with all of the Loan Parties’ Indebtedness, the Borrowers’ Availability shall not be less than $500,000.

  • FUNDING AVAILABILITY This Contract is contingent upon the continued availability of funding. If funds become unavailable through the lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidation or any other disruptions of current appropriations, DFPS will reduce or terminate this Contract.

  • System Availability Although we will try to provide continuous access to the Service, we cannot and do not guarantee that the Service will be available 100% of the time and will not be liable in the event Service is unavailable. Actual service or network performance is dependent on a variety of factors outside of our control. If you notify us within twenty-four (24) hours and we confirm an outage consisting of a period of two (2) hours in any calendar month, and not due to any service, act, or omission of you, a third party, your applications, equipment or facilities, or reasons outside of our control, you shall be eligible for a service credit. A service credit shall be computed as a pro-rated charge for one day of the regular monthly fees for the Service in the next monthly statement. Intermittent service outages for periods of less than two (2) hours are not considered service outages. Outages caused by routine scheduled maintenance are also not considered an outage. You shall receive advance notice no less than forty-eight (48) hours in advance of our scheduled maintenance. Scheduled maintenance will be performed between 12:00 a.m. and 6:00 a.m. CST.

  • 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.

Most Referenced Clauses

Most Referenced Definitions