BEVERAGE AVAILABILITY. DRI will serve in its Covered Outlets and will cause the Subsidiaries to serve in their Covered Outlets a core brand set of Fountain Beverages that consists of Coca-Cola® classic, diet Coke® and Sprite®, and the remaining products will be jointly selected by DRI and CCF. CCF’s Fountain Beverages will be the only Fountain Beverages served in the Covered Outlets. DRI agrees that if it should, during the Term, consider the possibility of selling Beverages packaged in bottles or cans or any Excluded Beverage in Fountain or frozen form or in bottles or cans, it will allow The Coca-Cola Company the opportunity to present to it a program regarding the sale and marketing of such beverages prior to any similar presentation by any other potential supplier. Further, DRI agrees that, during the Term, it will not enter into a contract regarding the sale and/or marketing of such beverages with a third party upon terms and conditions more favorable to such third party than those offered to The Coca-Cola Company. DRI currently anticipates the acquisition of Exxon convenience/petroleum outlets and/or “dual concept” Exxon/Wendy’s outlets located in the mid-Atlantic region of the U.S. DRI agrees that any such outlets will be considered Covered Outlets for purposes of this Agreement and agrees further that CCF’s Fountain Beverages will be the only Fountain Beverages served in such outlets.

BEVERAGE AVAILABILITY. (i) Any beverages within the Exclusive Category served or sold at the Arena during the Term shall be Sponsor’s Products. Brooklyn Arena shall, and shall cause its Arena concessionaire and agents to, purchase all Sponsor’s Products sold, served, or dispensed at the Arena from Sponsor (or its designated co-packer or distributor). (ii) Brooklyn Arena (and its concessionaire), shall determine which Sponsor Products are to be sold, served, or dispensed at the Arena; provided, however, that Brooklyn Arena agrees that exclusive of Sponsor Products sold, served or dispensed in the Arena retail area to be known as the “Xxxxx Soda Shoppe,” the targeted mix between Sponsor Products to be sold, served or dispensed at the Arena shall be [***] % fountain and [***] % bottle/can (the “Beverage Mix Target”). Brooklyn Arena agrees to discuss with Sponsor every six (6) months when requested by Sponsor (as of the Commencement Date) to determine whether the Beverage Mix Target should be adjusted based upon general consumer demand for beverages within the Exclusive Category. (iii) [***] to [***] the [***] to the Opening Date (at a [***] by [***]), at [***], all [***] and [***] (and [***] such as [***]) (collectively, the “[***]”) reasonably [***] to [***] and/or [***] Sponsor’s Products in the Arena, including, as applicable and without specific limitation, at [***], and luxury suite service (collectively, the “[***]”); provided, however, that, if, at any time after the Opening Date, [***] that additional [***] is [***] to accommodate for[***] at the [***] for [***] (as defined below), [***] to [***] and [***] at [***] such [***] (and [***] and such [***]). Periodically during the period between the Commencement Date and the Opening Date, Brooklyn Arena shall keep Sponsor apprised of the [***] and [***] to [***] with [***] (as reasonably requested by [***]) in the development of the [***]. Prior to the Opening Date and delivery of the [***] to the [***], Brooklyn Arena and Sponsor shall, consistent with the other [***] of this [***], agree on [***] for the [***] of the [***] by [***] to [***], which shall be in the form attached as Exhibit A to this Agreement (see TAB 2 – the “[***] ). (iv) Prior to the Opening Date, Brooklyn Arena (in coordination with Brooklyn Arena’s concessionaire as determined by Brooklyn Arena) and Sponsor will mutually agree in good faith on the [***] will [***] to Brooklyn Arena’s concessionaire for Sponsor’s Products to be sold in the Arena by Brooklyn...

BEVERAGE AVAILABILITY. Operator agrees to make available ready-to-drink packages for resale to the public. Brands and packages shall be mutually agreed upon. Further, Operator shall advertise ready-to-drink packages on menu boards, table menus, on-line menus, and require contracted restaurant delivery intermediaries to advertise beverages.

BEVERAGE AVAILABILITY. Except as provided by Section 1.3, only Xxxxx Beverages can be sold, dispensed, or served at the Facility. All Xxxxx Beverages, sold, dispensed, or served at the Facility must be bought from Xxxxx, either directly or with a bottler or distributor acting as Xxxxx’x agent. FNW/FGI will supply cups and lids and carbon dioxide. FNW/FGI will determine, in consultation with Xxxxx and FNW/FGI’s concessionaire, the Xxxxx Beverages to be sold at the Facility, and the package forms and volume sizes for those Xxxxx Beverages. FNW/FGI will make Xxxxx Beverages available for sale at the Facility in all package forms determined in good faith by Xxxxx and FNW/FGI, through hawking, carts, kiosks, vending machines and any other means determined by FNW/FGI and approved by Xxxxx. If Xxxxx decides to offer a souvenir cup containing Seahawks and Xxxxx Marks, both parties shall agree on the size and graphics on the cup and said souvenir cup expense, including design, manufacture and delivery, will be at Xxxxx sole expense. Xxxxx will be responsible for the cost of labor and materials to retrofit fountain dispensers as set forth on Exhibit H attached hereto, as well as providing coolers to store Xxxxx Beverages at the points of sale indicated on Exhibit H. The bottle pricing and fountain pricing to be charged to FNW/FGI in connection with Xxxxx distribution activities above shall be [***] and [***] delivered to the Facility and [***] for 2007. Each year, the parties will review this pricing to determine if an adjustment is necessary using factors such as pricing offered to similar customers purchasing under similar volumes and retention of profit margins. In the event that other Xxxxx Beverages are sold at the Facility pursuant to the terms of this Agreement, the price for each such Xxxxx Beverage shall be agreed upon by the parties, which price will be reviewed each year after the initial year of sales.

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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.
Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.
EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.
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.
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.
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.
Excess Availability Borrowers shall have Excess Availability at all times of at least (i) as of any date of determination during the period from July 25, 2016 through and including August 29, 2016, $10,000,000, (ii) as of any date of determination during the period from August 30, 2016 through and including October 17, 2016, $13,000,000, (iii) as of any date of determination during the period from October 18, 2016 through and including October 31, 2016, $17,500,000, and (iv) as of any date of determination during the period from November 1, 2016 through and including December 31, 2016, $20,000,000.
DNS service availability Refers to the ability of the group of listed-‐as-‐authoritative name servers of a particular domain name (e.g., a TLD), to answer DNS queries from DNS probes. For the service to be considered available at a particular moment, at least, two of the delegated name servers registered in the DNS must have successful results from “DNS tests” to each of their public-‐DNS registered “IP addresses” to which the name server resolves. If 51% or more of the DNS testing probes see the service as unavailable during a given time, the DNS service will be considered unavailable.
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.
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.

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