Excused Outages. Customer may experience outages in the SaaS product due to Scheduled Maintenance and/or Emergency
Excused Outages. PANGAEA will not be responsible for outages caused by Customer neglect, equipment or cabling not owned or controlled by PANGAEA, catastrophic damages, or instances of Force Majeure.
Excused Outages. For purposes of calculating Unavailable Capacity, the XXXX (or a portion thereof to the extent only a portion of the XXXX is adversely effected) will be considered available to the extent resulting from a Force Majeure Event.
Excused Outages. Seller’s obligation to provide Products pursuant to this Agreement will be excused if and to the extent that any of the following (each an “Excused Outage”) occurs and continues:
5.6.1 Any Outage of the Project which is the result of a Planned Outage or Maintenance Outage;
5.6.2 Any Outage where a Dispatch by Xxxxx is outside the Operating Limits set forth in APPENDIX 9: OPERATING LIMITS;
5.6.3 Buyer’s or Connecting Transmission Owner’s inability or unwillingness to accept Delivered Energy or Ancillary Services at the Delivery Point;
5.6.4 A Suspension pursuant to Section 3.28; or
5.6.5 A Force Majeure Event to the extent provided in Article 14, provided, none of the foregoing shall be deemed an Excused Outage if and to the extent caused by a Seller Event of Default. Seller shall provide Buyer prompt written notice of the occurrence of and the resolution of an Excused Outage and shall use commercially reasonable efforts to limit the duration and extent of such Excused Outage.
Excused Outages. Seller’s obligation to provide Products pursuant to this Agreement will be excused if and to the extent that any of the following (each an “Excused Outage”) occurs and continues:
(a) Any outage of the Project which is the result of a Planned Outage;
(b) Any outage of the Project which is the result of an Off Specification Delivery of the Charging Energy;
(c) Failure of a sufficient quantity of Charging Energy to be available to the Project to permit the requested Dispatch;
(d) Any outage where Seller failed to comply with a Dispatch that was not in accordance with the Operating Limits or the Operating Procedures;
(e) Buyer’s inability or unwillingness to accept Products, except when, and only to the extent that, such inability or unwillingness is the direct result of a Seller Event of Default;
(f) A Suspension pursuant to Section 8.10; or
(g) A Force Majeure Event to the extent provided in ARTICLE 17. Seller shall provide Buyer prompt Notice of the occurrence of and the resolution of an Excused Outage and shall use Commercially Reasonable Efforts to limit the duration and extent of such Excused Outage.
Excused Outages. Seller’s obligation to provide Products pursuant to this Agreement will be excused if and to the extent that any of the following (each an “Excused Outage”) occurs and continues: Any Outage of the Project which is the result of a Planned Outage or Maintenance Outage; Failure of Buyer to provide natural gas Fuel to the Natural Gas Delivery Point in accordance with this Agreement; ; Any Outage where Xxxxxx failed to comply with a Dispatch by Xxxxx not in accordance with Section 8.8; Buyer’s or Connecting Transmission Owner’s inability or unwillingness to accept Energy or Ancillary Services at the Delivery Point; A Suspension pursuant to Section 8.11; or A Force Majeure Event to the extent provided in Article 11, provided, none of the foregoing shall be deemed an Excused Outage if and to the extent caused by a Seller Event of Default. Seller shall provide Buyer prompt written notice of the occurrence of and the resolution of an Excused Outage and shall use commercially reasonable efforts to limit the duration and extent of such Excused Outage. Equivalent Availability and Chronic Underperformance . For purposes of this Agreement, the following defined terms shall be used for the determination of Equivalent Availability and Chronic Underperformance:
Excused Outages. In addition to any term of the contract between the wholesale partner and Gigaclear, the Service Levels do not apply to the following situations:
6.1 If factors outside of our reasonable control result in us being unable to gain access to our network to carry out a repair, our target response times and target restoration times may be suspended until access can be achieved. Examples include (but are not limited to) being unable to:
a) Close a road to access network in the carriageway
b) Deploy Traffic Management required for health and safety reasons
c) Gain access into a datacentre or secure area within a datacentre
d) Gain access to a site requiring access permissions, or to the end customer site
e) Travel to or access to a site due to extraordinary weather conditions
6.2 Service Levels do not apply to periods of planned maintenance where appropriate notice has been given.
6.3 Service Levels for restoration time will not apply if an incident is caused by a service failure from one of our commercial Backhaul providers which is outside of our reasonable control to manage
6.4 Service Levels will not apply where a fault occurs on a part of the Gigaclear network subject to specific health and safety, access or security restrictions outside of our control e.g, Railway, Substation or similar. In this case the wholesale partner will be informed.
6.5 The Service Level for restoration will be considered to have been achieved where we provide a temporary fix to restore services within the relevant time with the probability of re-attending of hours to perform a permanent fix.
Excused Outages. Hardware, software or other data center equipment or services not in the control of Symantec or within the scope of the Service.
Excused Outages. For both On-Net and Off-Net Transport Services, the following reasons excuse KFN from any SLA metric described herein:
Excused Outages. Notwithstanding any other provision to the contrary, in no event will Provider have failed to meet any Service Level under this SA if such failure was caused by an Excused Outage. An “Excused Outage” means the period during which there is an outage, unavailability, delay, or other degradation of Service, including any Service Outage or Service Impairment, related to, associated with, or caused by:
