EXCUSING CAUSES. 3.1 If Chess has failed to achieve a Service Level, or other obligation within this Agreement, then to the extent such failure is as a result of any of the matters, circumstances or issues listed in Part 2 of Schedule 2 (Agreed Parameters and Exclusions), the Customer shall not be entitled to the corresponding Service Credits or any other remedy.
1.1 If the Customer wishes to amend the Supported Equipment List, it shall submit a request to Chess, indicating the changes to the Supported Equipment List it wishes to make. Without prejudice to the Term or the Minimum Term, in respect of each item of Equipment listed in the Supported Equipment List, the Customer shall be obliged to procure a minimum of 12 months of Maintenance Support Services from Chess. Such 12 month minimum term will commence from the date on which the Customer signs the relevant Order Form or Change Control Note provided by Chess and upon confirmation by Chess that the item of Equipment had been accepted onto the Supported Equipment List. If the Customer wishes to remove such an item of Equipment from the Supported Equipment List (for any reason) during such 12 month minimum term such that the Customer will no longer be entitled to receive Maintenance Support Services in respect of that item, the Customer shall continue to be liable to pay the Charges for that item of Equipment for the remaining period of the Minimum Term.
EXCUSING CAUSES. 24.1 If an Excusing Cause causes a material adverse interference with, or causes a material failure of, the performance of the Services and provided that the Excusing Cause and the likely effects of it are notified to BT by the Contractor in writing within [**]of the date on which the Contractor or any Contractor Party became aware (or ought reasonably to have become so aware) of the occurrence of the Excusing Cause, then (subject to subclauses 9.10, 24.3, and 24.5) to the extent such failure or interference arises as a result of such Excusing Cause:
24.1.1 such failure by the Contractor to perform, and any poor performance of any affected Service shall not constitute a breach of the provisions of this Agreement by the Contractor; and
24.1.2 such interference shall be taken account of in measuring the performance of any affected Service in accordance with Clause 8 (Service Level Specifications) and Clause 21 (Monitoring of Performance), which shall be operated as though the relevant Service had been performed free from such adverse interference, so that, provided that the Contractor can show to the reasonable satisfaction of BT that but for the occurrence of the Excusing Cause it would have provided the affected Services in accordance with this Agreement, the Contractor shall, subject to subclause 44.10.4, be entitled to payment under this Agreement as if the Excusing Cause had not occurred and to payment of any unavoidable additional direct costs and expenses to the extent not recovered from the Charges on the same basis as is set out in subclauses 9.15 to 9.18. The rights and remedies of the Contractor under this subclause 24.1 shall be the only rights and remedies of the Contractor in respect of the occurrence of an Excusing Cause and the Contractor shall not have any other right or remedy in respect of the occurrence of that Excusing Cause.
24.2 For the purpose of subclause 24.1, an Excusing Cause means:
24.2.1 any breach by BT of any of BT’s express obligations under this Agreement (unless, and to the extent, caused or contributed to by the Contractor or any Contractor Party);
24.2.2 any deliberate act or omission of BT, the Authority, any Authority Service Recipient or Authority Party or any failure by BT, the Authority, any Authority Service Recipient or any Authority Party (having regard always to the interactive nature of the activities of BT, the Authority, each Authority Service Recipient and of the Contractor) to take reasonable steps to carry ...
EXCUSING CAUSES. In the event of an Excusing Cause arising:
11.1 Seidor One will notify the Customer, in writing, of the Excusing Cause within a reasonable period of becoming aware of such Excusing Cause;
11.2 the time/service levels for Seidor One performance shall be extended on a reasonable basis in proportion to the prejudice caused by the Excusing Cause. Where a breach by the Customer has resulted in an Excusing Cause, Seidor may charge for any additional hours required to remedy the Excusing Cause on a Time and Materials Basis; and
11.3 Seidor One shall not be liable for any failure to provide any Services in terms of this Agreement where such failure is a result of any Excusing Cause.
EXCUSING CAUSES. 9.1. In the event of an Excusing Cause arising:
9.1.1. SEACOM will notify the Client, in writing, of the Excusing Cause within a reasonable period of becoming aware of such Excusing Cause;
9.1.2. the time for SEACOM performance shall be extended on a reasonable basis in proportion to the prejudice caused by the Excusing Cause and SEACOM may charge for any additional hours required to execute the Services or remedy the Excusing Cause on a Time and Materials Basis;
9.1.3. any milestone affected by the Excusing Cause (hereinafter referred to as "the Affected Milestone"), as well as all other milestones on the affected critical path of the Affected Milestone, if any, shall be extended by a period equal to the period by which the Affected Milestone is de facto impacted as agreed by the Parties in writing, or, failing agreement as determined in terms of the Dispute Resolution Procedure;
9.1.4. if an amount would have been payable to SEACOM by the Client had it not been due to an Excusing Cause, SEACOM shall be entitled to invoice the Client for work actually completed at a milestone date, notwithstanding the fact that a milestone has not been achieved; and
9.1.5. SEACOM shall not be liable for any failure to provide any Services in terms of this Agreement where such failure is a result of any Excusing Cause.
EXCUSING CAUSES. In the event of an Excusing Cause arising:
8.1 Cybersmart will notify the Customer, in writing, of the Excusing Cause within a reasonable period of becoming aware of such Excusing Cause;
8.2 the time/service levels for Cybersmart performance shall be extended on a reasonable basis in proportion to the prejudice caused by the Excusing Cause and Cybersmart may charge for any additional hours required to execute the Services or remedy the Excusing Cause on a Time and Materials Basis; and
8.3 Cybersmart shall not be liable for any failure to provide any Services in terms of this Agreement where such failure is a result of any Excusing Cause.
EXCUSING CAUSES. If an Excusing Cause interferes adversely with, or causes a failure of, the performance of the Project Operations and provided that the effect of such Excusing Cause is claimed within ten (10) Business Days of the date on which Project Co became aware (or ought reasonably to have become so aware) of the occurrence of the Excusing Cause, then (subject to Clauses 8.8 (Insured exposure) and 8.9 (Mitigation)) to the extent such failure or interference arises as a result of such Excusing Cause:
EXCUSING CAUSES. If an Excusing Cause interferes adversely with, or causes or contributes to a failure of, the performance of the Project Operations by DBFM Co and/or causes or contributes to the occurrence of an Availability Failure and/or a Performance Failure and provided that the effect of such Excusing Cause is claimed within ten (10) Business Days of the date on which DBFM Co became aware (or ought reasonably to have become so aware) of the occurrence of the Excusing Cause, then (subject to Clauses 51.3 (Insured Exposure) and 51.4) to the extent such failure or interference or occurrence of an Availability Failure and/or a Performance Failure arises as a result of such Excusing Cause:
EXCUSING CAUSES. If an Excusing Cause interferes adversely with, or causes a failure of, the performance of the Project Operations and/or causes the occurrence of a Service Failure and provided that the effect of such Excusing Cause is claimed within ten (10) Business Days of the date on which Project Co became aware (or ought reasonably to have become so aware) of the occurrence of the Excusing Cause then (subject to Clauses 8.8 (Insured Exposure) and 8.9 (Mitigation of Existing Cause)) to the extent such failure or interference or occurrence of a Service Failure arises as a result of such Excusing Cause:
EXCUSING CAUSES. 9.1. In the event of an Excusing Cause arising:
9.1.1. SEACOM MANAGED SERVICES (PTY) LTD will notify the Client, in writing, of the Excusing Cause within a reasonable period of becoming aware of such Excusing Cause;
9.1.2. the time for SEACOM MANAGED SERVICES (PTY) LTD performance shall be extended on a reasonable basis in proportion to the prejudice caused by the Excusing Cause and SEACOM MANAGED SERVICES (PTY) LTD may charge for any additional hours required to execute the Services or remedy the Excusing Cause on a Time and Materials Basis;
9.1.3. any milestone affected by the Excusing Cause (hereinafter referred to as "the Affected Milestone"), as well as all other milestones on the affected critical path of the Affected Milestone, if any, shall be extended by a period equal to the period by which the Affected Milestone is de facto impacted as agreed by the Parties in writing, or, failing agreement as determined in terms of the Dispute Resolution Procedure;
9.1.4. if an amount would have been payable to SEACOM MANAGED SERVICES (PTY) LTD by the Client had it not been due to an Excusing Cause, SEACOM MANAGED SERVICES (PTY) LTD shall be entitled to invoice the Client for work actually completed at a milestone date, notwithstanding the fact that a milestone has not been achieved; and
9.1.5. SEACOM MANAGED SERVICES (PTY) LTD shall not be liable for any failure to provide any Services in terms of this Agreement where such failure is a result of any Excusing Cause.
EXCUSING CAUSES. If as a direct result of an Excusing Cause the Contractor is unable to comply with its obligations under this Agreement then the Contractor shall be entitled (save where the Excusing Cause has been caused by any act or omission of the Contractor or any of its Sub-Contractors), to apply for relief from its obligations and from the levying of Default Sums under this Contract.
