Disruption of Use Sample Clauses

Disruption of Use. In addition, if any BluBØX Application becomes, or in BluBØX’s opinion is likely to become, the subject of an infringement or misappropriation claim that may disrupt End User’s use of the BluBØX Application, BluBØX may, at its own expense and option, elect to either: (i) procure the right for the End User to continue using the BluBØX Application in accordance with the provisions of this Agreement, the applicable XXXX or Subscription Agreement, (ii) make such alterations, modifications or adjustments to the BluBØX Application so that the infringing BluBØX Application becomes non-infringing without incurring a material diminution in performance or function, (iii) replace the BluBØX Application with a non-infringing substantially similar substitute, or (iv) if neither (i), (ii) nor (iii) can be achieved after the exercise of commercially reasonable efforts, terminate the license or service involving the affected BluBØX Application and refund to Reseller an amount equal to all amounts paid by Reseller to BluBØX as license or subscription fees with respect to the affected BluBØX Application, less an amount equal to depreciation of such license or subscription fees calculated on a three-year straight-line basis from the delivery or commencement date.
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Disruption of Use. In addition, if a Software, Maintenance or Service becomes is or, in Agilos' and/or its licensor's opinion, is likely to become, the subject of an infringement or misappropriation claim as set forth above, Agilos and/or its licensor may, at its own expense and option, elect to either: (a) procure the right for End User to continue using the Software, Maintenance or Services in accordance with the provisions of the Agreement; (b) make such alterations, modifications or adjustments to the Software, Maintenance or Services so that the infringing Software, Maintenance or Services become non-infringing without incurring a material diminution in performance or function; (c) replace the Software, Maintenance or Services with a non-infringing substantially similar substitute; or
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Disruption of Use. If either party should place portable buildings, structures, equipment, or apparatus upon the joint use area which deprives the other party of uses specified in the site-specific agreement, then that party shall be reimbursed for that portion of the twenty-five (25) year term in which they do not have use of the joint use area. The reimbursement shall be based upon a straight-line depreciation calculated within thirty days of the impact to the site. Nothing in this MOU shall give either party the right to unilaterally convert property subject to a joint use agreement to its own use, or limit its available remedies for breach of a joint use agreement.
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Disruption of Use. In addition, if any BluBØX Application becomes, or in BluBØX’s opinion is likely to become, the subject of an infringement or misappropriation claim that may disrupt End User’s use of the BluBØX Application, BluBØX may, at its own expense and option, elect to either: (i) procure the right for the End User to continue using the BluBØX Application in accordance with the provisions of this Agreement, the applicable XXXX or Subscription Agreement, (ii) make such alterations, modifications or adjustments to the BluBØX Application so that the infringing BluBØX Application becomes non-infringing without incurring a material diminution in performance or function, (iii) replace the BluBØX Application with a non-infringing substantially similar substitute, or (iv) if neither (i), (ii) nor
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Disruption of Use. In addition, if any BluBØX Application becomes, or in BluBØX’s opinion is likely to become, the subject of an infringement or misappropriation claim that may disrupt End User’s use of the BluBØX Application, BluBØX may, at its own expense and option, elect to either: (i) procure the right for the End User to continue using the BluBØX Application in
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Disruption of Use. In addition, if a Software, Maintenance or Service becomes is or, in Agilos' and/or its licensor's opinion, is likely to become, the subject of an infringement or misappropriation claim as set forth above, Agilos and/or its licensor may, at its own expense and option, elect to either: (a) procure the right for End User to continue using the Software, Maintenance or Services in accordance with the provisions of the Agreement; (b) make such alterations, modifications or adjustments to the Software, Maintenance or Services so that the infringing Software, Maintenance or Services become non-infringing without incurring a material diminution in performance or function; (c) replace the Software, Maintenance or Services with a non-infringing substantially similar substitute; or (d) if neither (a), (b) nor (c) can be achieved after the exercise of commercially reasonable efforts, terminate the Agreement for the affected Software, Maintenance or Services and refund to End User: (i) all amounts paid by End User to Agilos as license fees with respect to the affected Software, less an amount equal to depreciation of such license fees calculated on a three-year straight-line basis from the Delivery Date, and (ii) a pro rata portion of any prepaid Maintenance or Services fees for the then-current annual Maintenance or Services period.
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Disruption of Use. Both District and City recognize the need to plan and schedule programs with as much foresight as possible so as to minimize the unanticipated re-scheduling or disruption of activities once they are publicized and agree to keep such unexpected disruptions to a minimum.
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Disruption of Use e. Sole Remedies f. Indemnification by Reseller
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Disruption of Use. Sole Remedies
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Related to Disruption of Use

  • Interruption of Use Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by breakage, repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Project after reasonable effort to do so, by any riot or other dangerous condition, emergency, accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6.

  • H5 Disruption The Contractor shall take reasonable care to ensure that in the performance of its obligations under the Contract it does not disrupt the operations of the Authority, its employees or any other contractor employed by the Authority.

  • Disruption of Service Customer acknowledges and understands that Voice Service will not be available for use under certain circumstances, including without limitation when the network or facilities are not operating or if normal electrical power to the MTA, ATA or ALG is interrupted and such equipment does not have a functioning backup. Customer also understands and acknowledges that the performance of the battery backup is not guaranteed. If the battery backup does not provide power, Voice Services will not function until normal power is restored. Customer also understands that certain online features of Voice Service, where such features are available, will not be available under certain circumstances, including but not limited to the interruption of the Internet connection.

  • Disruption 41.1 The Contractor shall take reasonable care to ensure that in the performance of its obligations under the Framework Agreement it does not disrupt the operations of the Authority, its employees or any other Contractor employed by the Authority. 41.2 The Contractor shall immediately inform the Authority of any actual or potential industrial action, whether such action be by their own employees or others, which affects or might affect its ability at any time to perform its obligations under the Framework Agreement. 41.3 In the event of industrial action by the Staff, the Contractor shall seek Approval to its proposals to continue to perform its obligations under the Framework Agreement. 41.4 If the Contractor’s proposals referred to in clause 41.3 are considered insufficient or unacceptable by the Authority acting reasonably, then the Authority may by notice terminate the Framework Agreement with immediate effect.

  • Limitation of Use The parties agree that this Agreement shall not be proffered by either party in another jurisdiction as evidence of any concession or as a waiver of any position taken by the other party in that jurisdiction or for any other purpose.

  • Interruption of Services Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.

  • Protection of Customer Data The Supplier shall not delete or remove any proprietary notices contained within or relating to the Customer Data. The Supplier shall not store, copy, disclose, or use the Customer Data except as necessary for the performance by the Supplier of its obligations under this Call Off Contract or as otherwise Approved by the Customer. To the extent that the Customer Data is held and/or Processed by the Supplier, the Supplier shall supply that Customer Data to the Customer as requested by the Customer and in the format (if any) specified by the Customer in the Call Off Order Form and, in any event, as specified by the Customer from time to time in writing. The Supplier shall take responsibility for preserving the integrity of Customer Data and preventing the corruption or loss of Customer Data. The Supplier shall perform secure back-ups of all Customer Data and shall ensure that up-to-date back-ups are stored off-site at an Approved location in accordance with any BCDR Plan or otherwise. The Supplier shall ensure that such back-ups are available to the Customer (or to such other person as the Customer may direct) at all times upon request and are delivered to the Customer at no less than six (6) Monthly intervals (or such other intervals as may be agreed in writing between the Parties). The Supplier shall ensure that any system on which the Supplier holds any Customer Data, including back-up data, is a secure system that complies with the Security Policy and the Security Management Plan (if any). If at any time the Supplier suspects or has reason to believe that the Customer Data is corrupted, lost or sufficiently degraded in any way for any reason, then the Supplier shall notify the Customer immediately and inform the Customer of the remedial action the Supplier proposes to take. If the Customer Data is corrupted, lost or sufficiently degraded as a result of a Default so as to be unusable, the Supplier may: require the Supplier (at the Supplier's expense) to restore or procure the restoration of Customer Data to the extent and in accordance with the requirements specified in Call Off Schedule 8 (Business Continuity and Disaster Recovery) or as otherwise required by the Customer, and the Supplier shall do so as soon as practicable but not later than five (5) Working Days from the date of receipt of the Customer’s notice; and/or itself restore or procure the restoration of Customer Data, and shall be repaid by the Supplier any reasonable expenses incurred in doing so to the extent and in accordance with the requirements specified in Call Off Schedule 8 (Business Continuity and Disaster Recovery) or as otherwise required by the Customer.

  • Termination of Use These terms and Your access to Our Website may be terminated by Us (at Our sole discretion) at any time without notice or any requirement to give You a reason why. In the event of termination under this clause We shall have no liability to You whatsoever (including for any consequential or direct loss You may suffer).

  • Disruption to Payment Systems etc If either the Agent determines (in its discretion) that a Disruption Event has occurred or the Agent is notified by the Company that a Disruption Event has occurred: (a) the Agent may, and shall if requested to do so by the Company, consult with the Company with a view to agreeing with the Company such changes to the operation or administration of the Facility as the Agent may deem necessary in the circumstances; (b) the Agent shall not be obliged to consult with the Company in relation to any changes mentioned in paragraph (a) if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances; (d) any such changes agreed upon by the Agent and the Company shall (whether or not it is finally determined that a Disruption Event has occurred) be binding upon the Parties as an amendment to (or, as the case may be, waiver of) the terms of the Finance Documents notwithstanding the provisions of Clause 39 (Amendments and Waivers); (e) the Agent shall not be liable for any damages, costs or losses whatsoever (including, without limitation for negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent) arising as a result of its taking, or failing to take, any actions pursuant to or in connection with this Clause 33.11; and (f) the Agent shall notify the Finance Parties of all changes agreed pursuant to paragraph (d) above.

  • RESUMPTION OF TRADING Trading in the Shares was suspended from 9:30 a.m. on 4 November 2009 pending the release of this announcement. Application has been made to the Stock Exchange for the resumption of trading in the Shares from 9:30 a.m. on 11 November 2009.

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