Capacity Availability Sample Clauses

Capacity Availability. 3.1 Provider shall make available to MCI, in response to any electronically transmitted requests from MCI, Capacity as specifically provided for in any ASR or Service Agreement which may be entered into by the parties, subject to the terms of this Agreement. A sample form of the Service Agreement is attached hereto as Exhibit B. 3.2 The metropolitan areas and building locations in which Provider's Network is currently able to furnish Capacity to MCI are listed in Exhibit C attached hereto and made a part hereof. Provider shall have the right, at any time and from time to time during the term of this Agreement, to provide MCI with a revised list of metropolitan areas and building locations, in a format acceptable to MCI. Upon receipt by MCI, any such revised list shall be automatically attached hereto as an amended Exhibit C. 3.3 To order Capacity to be furnished at a building location included in Exhibit C, MCI shall electronically submit an Access Service Request (herein referred to as "ASR") to Provider, including the requested date of service. Within five (5) business days after receipt of the ASR, Provider shall electronically issue a Firm Order Commitment (hereinafter referred to as "FOC") to MCI. MCI shall have the right, in its sole discretion, to cancel the ASR, without incurring any termination liability, at any time prior to receiving the FOC or in the event the Capacity is not provided by the in-service date set forth in the FOC, unless the delay in providing the service is directly attributable to MCI or its Customer for the requested Capacity. In the event the Capacity is not provided by the in-service date set forth in the FOC, and the delay in providing the service is not directly attributable to MCI or its Customer, and MCI chooses not to cancel the ASR, Provider will waive non-recurring charges associated with the Capacity ordered. Under no circumstances shall MCI be billed for use of a circuit prior to installation. The requirements for electronically issuing an ASR and an FOC are further defined in Exhibit D attached hereto and made a part hereof. For the first ninety (90) days of the term of this Agreement, the parties may continue to use Provider's current method for receiving service orders and returning order commitments. Provider shall use its best efforts to transition its access service ordering system to conform to the requirements set forth in Exhibit D within ninety (90) days of the date of this Agreement; provided, however, th...
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Capacity Availability. Subject to adjustment from time to time pursuant to the following sentence, ChipPAC shall ensure that Intersil is allocated 100% of the utilized capacity which was in place immediately prior to the Effective Date, although such utilized capacity may be made available in any ChipPAC facility that has been qualified to package and/or test Products, as applicable. Intersil shall provide ChipPAC with the Weekly Production Plan (as defined in Section 4.2) to support the continued allocation of such utilized capacity to Intersil.
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Capacity Availability. In sizing the cable to be installed on any Route Segment, Grantee will take into consideration the possibility that it will need to accommodate an entity whose request for attachment to Grantor's structures along any installed Route Segment cannot be accommodated due to lack of space on Grantor's structures (a "Disappointed Attacher").
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Capacity Availability. The Concessionaire shall ensure that during the Operation Period, the capacity of I&C Facility available for Vehicle Testing is not less than the Capacity, failing which Damages shall be payable to the Authority in accordance with the provisions of Clause 27.3 hereto.
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Capacity Availability. 95.0% measured over one calendar month period. Capacity is measured in system hours, which is the number of DGX systems dedicated to you times the number of hours that you are committed in a given month. A DGX system is considered available when at least 1 GPU is available enabling at least one job to execute on the GPU using the NVIDIA DGX Cloud. Capacity Availability is the delivered system hours divided by the committed system hours for a calendar month. To calculate Capacity Availability, NVIDIA uses a combination of methods, including information from NVIDIA’s event monitoring systems and logs and observing external causes that may impact the services (to the extent known to NVIDIA) and matching these findings with job metrics and customer reports to determine the actual loss time frame. Capacity Availability will be tracked every 60 minutes, and any gaps shorter than 60 minutes in duration will not be included in the calculations. If a capacity shortfall does not cause customer impact, it shall not count against the SLA.
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Capacity Availability 
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Related to Capacity Availability

  • 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.

  • 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.

  • 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.

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

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

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