Lack of Availability Sample Clauses

Lack of Availability. A) Non acceptance of shifts i) Where a casual employee has not accepted work for a period of three (3) months, the Employer will meet with the employee and the union to discuss the bona fides of the refusal and the continued employment of the employee. If there is no bona fide reason the employee shall be warned. ii) Where there is no bona fide reason for the refusal of work and a further month has elapsed without any shifts worked by the employee, the casual employee's name will be deleted from the casual register.
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Lack of Availability. On-Call Employees who are not available on days/shifts they have designated when called to work, may be subject to review annually. If the Employee has cancelled more than 50% of their available days/shifts annually, when called to work, the Employee may be subject to termination.
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Lack of Availability. It is possible, through no fault of the School, that the premises or part of it may be damaged or there may be a failure of services which may cause the premises to become unfit for use. In the event of such an occurrence the School shall not be liable to the Hirer for any resulting loss or damage whatsoever.
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Lack of Availability. It can happen that, through no fault of the School, the Hall or part of it may be damaged or there may be a failure of services which may cause the Hall to become unfit for the use for which it has been hired. Standard Condition 15 covers this point. Once a School has signed the agreement and accepted a fee then they are contractually bound to carry out the hiring unless the contract becomes void or the hirer is in breach of his/her part of the agreement. However, a School may not wish to accept a booking, or may need to cancel or terminate a booking either before, or during the hire period and this clause gives them the right to do so without being liable for breach of contract. It is important that Schools do not exercise this right without good reason: firstly, because to do so frequently will damage hirers' confidence to use the Hall and secondly, because they may need to justify their decision at a later date.
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Lack of Availability. If the Agent is not contactable for a period of 3 (three) days or more, unless Shop2Shop has agreed to the contrary, in writing, or legitimate reason for unavailability has been determined by Shop2Shop;
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Lack of Availability. In the event Hives is unavailable to the Customer due to circumstances not attributable to Hives’s service and maintenance, Customer is entitled to a price reduction of fees for Hives, calculated pro rata, for office hours (8.00 AM-5.00 PM) and for which time Hives was not available to the Customer. Hives’s obligations under this section 10 applies only if Customer has met all obligations set forth in section 6 above. Hives is in addition not responsible for lack in availability directly or indirectly caused by: (i) Customer or circumstances for which Customer is responsible; (ii) interruption in communication services; (iii) scheduled interruptions due to service of Hives or Hives’s systems; or (iv) circumstances Hives could not reasonably have foreseen or avoided, including but not limited to, force majeure, virus or any other external attack. In the event the service interruption continues, Customer shall be entitled to terminate the Agreement, provided the lack of availability is considered a material breach of the Agreement according to section 16 below. This section 9 constitutes the sole and entire liability towards Customer in relation to the lack of access to the services and Hives.
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Lack of Availability. If any Product subject to an Acceptance Notice is not -------------------- available for any reason, AIM will notify BC electronically no later than [***] following receipt of the order. BC will have sole responsibility for notifying visitors to the Site that quantities and availability of each SKU are extremely limited or, if applicable, that the SKU is no longer available. DUE TO THE CLOSE OUT OR LIQUIDATION ____________________ [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. NATURE OF THE PRODUCTS AND THE NON-EXCLUSIVE NATURE OF THIS ARRANGEMENT, AIM CANNOT AND WILL NOT BE RESPONSIBLE FOR LACK OF AVAILABILITY, FAILURE TO PROVIDE NOTICE TO BC OR ANY OTHER PARTY, OR BACKORDERS.
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Related to Lack of Availability

  • FUNDING AVAILABILITY This Contract is contingent upon the continued availability of funding. If funds become unavailable through the lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidation or any other disruptions of current appropriations, DFPS will reduce or terminate this Contract.

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • High Availability Registry Operator will conduct its operations using network and geographically diverse, redundant servers (including network-­‐level redundancy, end-­‐node level redundancy and the implementation of a load balancing scheme where applicable) to ensure continued operation in the case of technical failure (widespread or local), or an extraordinary occurrence or circumstance beyond the control of the Registry Operator. Registry Operator’s emergency operations department shall be available at all times to respond to extraordinary occurrences.

  • Funds Availability For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays and legal banking holidays in the State of Utah.

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • System Availability Although we will try to provide continuous access to the Service, we cannot and do not guarantee that the Service will be available 100% of the time and will not be liable in the event Service is unavailable. Actual service or network performance is dependent on a variety of factors outside of our control. If you notify us within twenty-four (24) hours and we confirm an outage consisting of a period of two (2) hours in any calendar month, and not due to any service, act, or omission of you, a third party, your applications, equipment or facilities, or reasons outside of our control, you shall be eligible for a service credit. A service credit shall be computed as a pro-rated charge for one day of the regular monthly fees for the Service in the next monthly statement. Intermittent service outages for periods of less than two (2) hours are not considered service outages. Outages caused by routine scheduled maintenance are also not considered an outage. You shall receive advance notice no less than forty-eight (48) hours in advance of our scheduled maintenance. Scheduled maintenance will be performed between 12:00 a.m. and 6:00 a.m. CST.

  • Undrawn Availability After giving effect to the initial Advances hereunder, Borrowers shall have Undrawn Availability of at least $10,000,000;

  • Excess Availability Borrowers shall have Excess Availability at all times of at least (i) as of any date of determination during the period from July 25, 2016 through and including August 29, 2016, $10,000,000, (ii) as of any date of determination during the period from August 30, 2016 through and including October 17, 2016, $13,000,000, (iii) as of any date of determination during the period from October 18, 2016 through and including October 31, 2016, $17,500,000, and (iv) as of any date of determination during the period from November 1, 2016 through and including December 31, 2016, $20,000,000.

  • Closing Availability After giving effect to all Borrowings to be made on the Effective Date, the issuance of any Letters of Credit on the Effective Date and the payment of all fees and expenses due hereunder, and with all of the Loan Parties’ Indebtedness, liabilities, and obligations current, Availability shall not be less than $20,000,000.

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

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