Excessive Downtime Sample Clauses

Excessive Downtime. Notwithstanding anything to the contrary set forth herein, without limiting any other remedies available to Seller, including temporary or permanent releases, commencing on the first day of the In-Service Date, in the event that during any [**] Month period, the downtime period (excluding any downtime attributable to Force Majeure or emergency conditions existing on the Gathering System) for all or any portion of Gathering System when receipts of Committed Gas are curtailed in whole or part or services hereunder are curtailed during such [**] Month period is in excess of [**] percent ([**]%), then the fee(s) payable by Seller set forth on Exhibit C shall be reduced by [**]% for the [**] Month period immediately following.
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Excessive Downtime. If the TOC, in evaluating a requested change, determines that (i) the time to implement such change would require [*] of Facility downtime (if the requested change would be made prior to Commercial Production) or (ii) the time to implement such change would require [*] of Facility downtime (if the requested change would be made during Commercial Production), the Party requesting such change shall have the right to either (a) withdraw the request, (b) resubmit a modified version of the requested change to the TOC for reevaluation or (c) confirm that such requested change is necessary and submit such requested change to the non-requesting Party for consideration. Notwithstanding any provision to the contrary, if the non-requesting Party is presented with a requested change in accordance with (c) above, the non-requesting Party shall, within ten (10) business days after receipt of the request, either agree to such requested change or provide notice of termination of this Agreement in accordance with Section 21.7. In the event that the requested change originated with the FDA, the terms of this Section 8.5.2 shall still apply, but in such event, either Party shall have the right to terminate this Agreement in accordance with Section 21.7.
Excessive Downtime a) Where a vehicle suffers unacceptable downtime over 2 hours, as per breakdown and recovery clause 4.5, resulting from a failure by the Supplier, and a replacement vehicle is required this shall be costed, on the Supplier’s prior written approval of the costs, to it. This vehicle will be supplied at normal market rates for a hired vehicle of the replacement type. This shall include all reasonable operational costs incurred by the Client to complete the daily work allocated to the vehicle and crew concerned.
Excessive Downtime. Notwithstanding the above, if Customer experiences more than three hundred sixty (360) Service Hours of either Monthly SAAS Downtime or Monthly Hosting Downtime in a Service Month, then Customer will receive an additional pro-rated credit against the Monthly Subscription Fee for the applicable Service according to the following formula: Additional Pro-Rated Credit % = (Monthly Downtime (Service Hours) – 360) / 720 Example (for illustration purposes only): Monthly Downtime = five hundred forty (540) Service Hours Additional Pro-Rated Credit % = ( 540 – 360 ) / 720 = 25% Credit equals 25% of the Monthly Subscription Fee.

Related to Excessive Downtime

  • Noise The Hirer shall ensure that the minimum of noise is made on arrival and departure, particularly late at night and early in the morning. The Hirer shall, if using sound amplification equipment, make use of any noise limitation device provided at the premises and comply with any other licensing condition for the premises.

  • Speed The relative importance we attach is “high”.

  • Force Majeure Delays In any case where either party hereto is required to do any act (other than the payment of money), delays caused by or resulting from Acts of God or Nature, war, civil commotion, fire, flood or other casualty, labor difficulties, shortages of labor or materials or equipment, government regulations, delay by government or regulatory agencies with respect to approval or permit process, unusually severe weather, or other causes beyond such party’s reasonable control the time during which act shall be completed, shall be deemed to be extended by the period of such delay, whether such time be designated by a fixed date, a fixed time or “a reasonable time.”

  • Floor Loading Floor loading capacity shall be within building design capacity. Tenant may exceed floor loading capacity with Landlord’s consent, at Landlord’s sole discretion and must, at Tenant’s sole cost and expense, reinforce the floor as required for such excess loading.

  • Major Damage In the event of Major Damage to a Property prior to the Closing Date, then the applicable Seller shall have no obligation to repair such Major Damage and shall notify Purchaser in writing of such damage or destruction (the “Damage Notice”). Within ten (10) days after Purchaser’s receipt of the Damage Notice, Purchaser may elect at its option to give a Termination Notice for the damaged Property to Seller’s Representative. If Purchaser does not elect to terminate this Agreement with respect to the damaged Property, this transaction shall be closed in accordance with the terms of this Agreement either, at the election of the applicable Seller, (a) for the full Purchase Price for the damaged Property notwithstanding any such damage or destruction, and Purchaser shall, at Closing, execute and deliver an assignment and assumption (in a form reasonably required by the applicable Seller) of such Seller’ rights and obligations with respect to the insurance claim and related to such casualty, and thereafter Purchaser shall receive all remaining insurance proceeds pertaining to such claim (plus a credit against the applicable Purchase Price at Closing in the amount of any deductible payable by the applicable Seller in connection therewith and not spent by such Seller for demolition, site cleaning, restoration or other repairs); or (b) Purchaser shall receive a credit against the Base Purchase Price for the damaged Property for the full replacement costs of repair to the subject Property, plus, to the extent covered by such Seller’s insurance policy, any costs required pursuant to local code or zoning requirements, as determined by an independent third party reasonably acceptable to such Seller and Purchaser. In the event a Seller elects to assign such Seller's rights and obligations with respect to the insurance claim and related casualty to Purchaser as provided above, and if an AIMCO employee is the adjuster for the claim related thereto, Sellers covenant and agree that the adjuster shall act in accordance with standard insurance industry protocols in processing such claim (including, without limitation, the time taken to process such claim).

  • Electrical Provide drawings for the following systems:

  • Electricity 14.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.

  • LOSS OR DAMAGE Lessee hereby assumes and shall bear the entire risk of any loss, theft, damage to, or destruction of, any unit of Equipment from any cause whatsoever from the time the Equipment is shipped to Lessee.

  • ADJACENT EXCAVATION-SHORING 32. If an excavation shall be made upon land adjacent to the demised premises, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter upon the demised premises for the purpose of doing such work as said person shall deem necessary to preserve the wall or the building of which demised premises form a part from injury or damage and to support the same by proper foundations without any claim for damages or indemnity against Owner, or diminution or abatement of rent.

  • Force Majeur In case the Show Facility is damaged or destroyed, or in case of war, government regulations or any other circumstances whatsoever which will make it impossible or impractical for Show Management to permit Exhibitor to occupy the exhibit space described in this Agreement, this Agreement will terminate and Exhibitor will waive any claim for damages for compensation except the pro rata return of the amount paid for space rented, diminished only by a pro rata portion of the amounts expended to produce the Show.

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