Excessive Outages Sample Clauses

Excessive Outages. Excessive Forced Outages Project Company covenants that, in respect of each Contract Year, the Excessive Forced Outages Energy ("EFOE") for such Contract Year shall be less than or equal to zero (0). In the event that, during any Contract Year other than the first Contract Year, the Excessive Forced Outages Energy is greater than zero (0), then Project Company shall pay to GPA, as liquidated damages, the Capacity Damages, calculated as follows: Capacity Damages (US$) = Capacity Damages Amount (US$/MW) x 1.4 x Excessive Forced Outages Energy (MWh)/ eight thousand seven hundred sixty (8760) hours) Where the Capacity Damages Amount equals the product of (i) the Capacity Charge per MW per Month prevailing during the relevant Contract Year and (ii) 12 Months. The Excessive Forced Outages Energy (EFOE) for any Contract Year, other than as modified in Article 9.3 for the first Contract Year, will be the sum of the actual Forced Outages (FOE) minus the Allowable Forced Outages Energy (AFOE), , namely: Excessive Forced Outages Energy (MWh) = [FOE – (AFOE)] (each term expressed in MWH) FOE (MWh) = the summation of all periods of Forced Outage of this product: duration of outage (hours) x reduction in Dependable Capacity (MW). AFOE (MWh) = Annual Average Dependable Capacity (MW) x [insert guaranteed maximum forced outage hours included in Bidder’s Proposal] hours. If the EFOE for any Contract Year is less than or equal to zero, no liquidated damages are due. Excessive Total Outages Project Company covenants that, in respect of each Contract Year, the Excessive Total Outages Energy ("ETOE") for such Contract Year shall be less than or equal to zero (0). In the event that, during any Contract Year other than the first Contract Year, the Excessive Total Outages Energy is greater than zero (0), then Project Company shall pay to GPA, as liquidated damages, the Capacity Damages, calculated as follows: Capacity Damages (US$) = Capacity Damages Amount (US$/MW) x 1.4 x Excessive Total Outages Energy (MWh)/ eight thousand seven hundred sixty (8760) hours) Where the Capacity Damages Amount equals the product of (i) the Capacity Charge per MW per Month prevailing during the relevant Contract Year and (ii) 12 Months. The Excessive Total Outages Energy (ETOE) for any Contract Year, other than as modified in Article 9.3 for the first Contract Year, will be the sum of the actual total outages (FOE, MOE and SOE) minus the Allowable Total Outages Energy (ATOE), minus the difference be...
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Excessive Outages. If a single circuit experiences either (a) three (3) or more outages of fifteen (15) minutes duration or longer during any thirty (30) day period, or (b) one or more outages of fifteen (15) minutes each in each of three consecutive months or (c) one (1) outage of more than twenty-four (24) consecutive hours in a one (1) calendar month period, ("Excessive Outage"), Customer shall be entitled, in addition to the applicable Outage Credit, if any, to terminate such circuits as are affected by the Excessive Outage without liability for the Early Termination Charge set forth in Section 6.4 of the Agreement. However, Customer shall be liable for any termination liability associated with Third Party Local Access Service or any other Third Party Service associated with such disconnection. In the event Customer terminates a circuit for an Excessive Outage pursuant to this Section and such termination causes the Customer to fall below their Revenue Commitment, such terminated circuit shall count toward Customer's Annual Commitment as if it had not been terminated.
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Excessive Outages. If a single circuit experiences either (a) three (3) or more outages of fifteen (15) minutes duration or longer during any thirty (30) day period, or (b) one or more outages of fifteen (15) minutes each in each of three consecutive months or (c) one (1) outage of more than twenty-four (24) consecutive hours in a one (1) calendar month period, ("Excessive Outage"), Customer shall be entitled, in addition to the applicable Outage Credit, if any, to terminate such circuits as are affected by the Excessive Outage without liability for the Early Termination Charge set forth in Section 6.4 of the Agreement. However, Customer shall be liable for any termination liability associated with Third Party Local Access Service or any other Third Party Service associated with such disconnection.
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Excessive Outages. For Platinum and Gold PLQoS only, if a single circuit experiences either (a) three (3) or more outages of fifteen (15) minutes duration or longer during any thirty (30) day period, or (b) one or more outages of fifteen (15) minutes each in each of three (3) consecutive months or (c) one (1) outage of more than twenty-four (24) consecutive hours in a one (1) calendar month period, ("Excessive Outage"), Customer shall be entitled, in addition to the applicable Outage Credit, if any, to terminate such circuits as are affected by the Excessive Outage without liability for the Early Termination Charge set forth in Section 6.4 of the Agreement. However, Customer shall be liable for any termination liability associated with Third Party Local Access Service or any other Third Party Service associated with such disconnection.
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Excessive Outages. If a single circuit experiences either (a) three (3) or more outages of fifteen (15) minutes duration or longer during any thirty (30) day period, or (b) one or more outages of fifteen (15) minutes each in each of three (3) consecutive months or (c) one (1) outage of more than twenty-four (24) consecutive hours in a one (1) calendar month period, ("Excessive Outage"), Customer shall be entitled, in addition to the applicable Outage Credit, if any, to terminate such circuits as are affected by the Excessive Outage without liability for the Early Termination Charge set forth in Section 6.4 of the Agreement. However, Customer shall be liable for any termination liability associated with Third Party Local Access Service or any other ---------- *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. SCHEDULE 1 PRIVATE LINE SERVICE Third Party Service associated with such disconnection. In the event Customer terminates a circuit for an Excessive Outage pursuant to this Section and such termination causes the Customer to fall below their Revenue Commitment, such terminated circuit shall count toward Customer's Annual Commitment as if it had not been terminated.
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Excessive Outages. (a) Excessive Forced Outages Project Company covenants that, in respect of each Contract Year, the Excessive Forced Outages Energy ("EFOE") for such Contract Year shall be less than or equal to zero (0). In the event that, during any Contract Year other than the first Contract Year, the Excessive Forced Outages Energy is greater than zero (0), then Project Company shall pay to GPA, as liquidated damages, the Capacity Damages, calculated as follows: Capacity Damages (US$) = Capacity Damages Amount (US$/MW) x 1.4 x Excessive Forced Outages Energy (MWh)/ eight thousand seven hundred sixty (8760) hours) Where the Capacity Damages Amount equals the product of (i) the Capacity Charge per
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Related to Excessive Outages

  • Shortages Claims for shortages in the amount of Products shipped by Patheon will be dealt with by reasonable agreement of the parties.

  • 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.”

  • 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.

  • Unavoidable Delays Delays due to acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, inability (despite the exercise of due diligence) to obtain supplies, materials, fuels or permits, or other causes or contingencies (excluding financial inability) beyond the reasonable control of Landlord or Tenant, as applicable. Landlord shall use commercially reasonable efforts to provide Tenant with prompt notice of any Unavoidable Delays.

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

  • 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.

  • Unavoidable Delay When construction is impeded as a result of strikes, lockouts, acts of God or other factors beyond the control, and ability to remedy, of the Developer.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Earthquake including land shock waves or tremors before, during or after a volcanic eruption;

  • Force Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following:

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