Credit Exceptions. In the event Customer is entitled to multiple credits arising from the same event, the credits will not be cumulative and Customer will receive the maximum single credit available for that event.
Credit Exceptions. (1) Effective immediately, the Bank may continue to grant, extend, renew, alter or restructure any land acquisition and development loan only after:
(a) documenting the specific reason or purpose for the extension of credit;
(b) identifying the expected sources of repayment in writing;
(c) performing a complete internal or external analysis of the feasibility of the project to be funded by loans with balances that equal or exceed two hundred and fifty thousand dollars ($250,000);
(d) structuring repayment terms to coincide with the risk in the credit and expected sources of repayment;
(e) obtaining and analyzing current and satisfactory credit information, including sources of cash available for debt repayment from each borrower, guarantor, and all of their business operations; and
(f) entering into written loan agreements with the borrowers and guarantors which require, at a minimum, that:
(i) the borrowers provide periodic information to the Bank regarding the project’s progress and the financial strength of the borrower; and
(ii) the guarantors provide periodic information to the Bank regarding the financial strength of the guarantors.
(2) Failure to obtain the information required by paragraph (1)(e) of this Article shall require a majority of the full Board (or a delegated committee thereof) to certify in writing the specific reasons why obtaining and analyzing the information required by paragraph (1)(e) would be detrimental to the best interests of the Bank. A copy of the Board certification shall be maintained in the credit file of the affected borrower(s) and a centralized file for review by the Board, senior management and examiners.
(3) The certification exception granted by paragraph (2) of this Article shall not apply to any loan or other extension of credit to an Insider as defined by 12 C.F.R. § 215.2(h).
(4) The Board shall ensure the Bank has policies, processes, personnel, and control systems to ensure compliance with this Article.
Credit Exceptions. Denial of service (DOS) attempts and any other malicious attempts by third parties;
Credit Exceptions. No Service Credits shall be payable to the Customer if failure to meet a Service parameter outlined below is attributable to (i) Customer Equipment, applications or facilities, (ii) acts or omissions of Customer or any user of the Service authorized by Customer, or (iii) Force Majeure Events or other circumstances beyond Verizon’s reasonable control or emergency works.
Credit Exceptions. The credits will apply to the Data Service MRCs of the Affected Service after application of all discounts and do not apply to MRCs of other services, nor to circuit loop or port MRC’s of the Affected Service. The maximum credits issued for failure to meet any one SLA or combination of SLA’s within a 24-hour period will not exceed one thirtieth (1/30th) of the affected service’s MRC.
4.3.1 Credits will not be issued where the SLA is not met as a result of:
4.3.1.1 Issues caused by the acts or omissions of Customer, its employees, contractors or agents or its end users;
4.3.1.2 the failure or malfunction of Customer Premise Equipment, applications, wiring beyond the MPOE or systems, whether owned, installed or controlled by 46 Labs or Customer, including the failure or malfunction of Customer Premise Equipment or systems as a result of a power surge or loss of power originating from Customer provided electric power;
4.3.1.3 interruptions due to the failure or malfunction of non-46 Labs equipment, including service connected to Customer provided electric power;
4.3.1.4 interruptions due to electric power failure where, by the provisions of this Agreement, the Customer is responsible for providing electric power;
4.3.1.5 force majeure events, as described in section 10 of the MSA;
4.3.1.6 Normal Maintenance, Emergency Maintenance, or Service alteration or implementation;
4.3.1.7 the unavailability of required Customer personnel, including as a result of failure to provide 46 Labs with accurate, current contact information;
4.3.1.8 interruptions of service during any period in which 46 Labs is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions;
4.3.1.9 customer’s failure to release the Service for testing or repair and continuing to use the Service on an impaired basis;
4.3.1.10 Improper or inaccurate network specifications provided by Customer;
4.3.1.11 the failure or malfunction of 46 Labs supplied equipment, which this SLA specifically excludes;
4.3.1.12 interruptions arising from the acts or omissions of, or non-compliance with the provisions of the Agreement or any schedule or attachment thereto by Customer or any authorized user, or any interruptions due to any party other than 46 Labs or for events happening on any other party’s network, including but not limited to internet service providers or other common carriers connected to, or providing service connected to, the service of ...
