LIABILITY FOR SERVICE. 9.01 Subject to the provisions of the Rate Schedules and this Agreement, the Power and Energy herein contracted for will be made available for use by the Customer during twenty-four (24) hours on each and every day of the term of this Agreement.
LIABILITY FOR SERVICE. Landlord shall not be liable for damages, by abatement of rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when the failure or delay or diminution is occasioned, in whole or in part, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable control; and failures, delays and/or diminution shall not be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from the obligation to pay Rent or perform any of its other obligations under this Lease. Landlord also reserves the right temporarily to suspend, delay or discontinue furnishing any of the services to be provided by Landlord under this Lease, without abatement or diminution in Rent and without any liability to Tenant as a result thereof, for inspections, cleaning, repairs, replacements, alterations, improvements or renewals which Landlord deems necessary or desirable, provided that Landlord shall make reasonable efforts to minimize interference with Tenant's normal business operations and shall, to the extent reasonably possible under the circumstance, give Tenant advance notice of any proposed suspension of services. If any utility service furnished by Landlord is interrupted, delayed or terminated because of repairs, alterations, or any cause beyond Landlord's reasonable control, Landlord will take all reasonable steps to restore the interrupted utility or service promptly.
LIABILITY FOR SERVICE. Page 9 12. REPAIRS............................................................Page 9 13. ACCESS TO PREMISES.................................................Page 9 14. DAMAGE FROM CERTAIN CAUSES.........................................Page 10 15. TRANSFER, ASSIGNMENT AND SUBLETTING................................Page 10 15.1 By Tenant....................................................Page 10 15.2 By Landlord..................................................Page 11 16. SURRENDER OF PREMISES..............................................Page 11 17.
LIABILITY FOR SERVICE. As between the parties, Linktone Parties shall be solely liable for all parts of the Service, including any messages transmitted as part of or via the Service other than the Xxxxxx Content provided that Linktone Parties shall not be liable for any transmission failure in respect of any message transmitted as part of or via the Service caused by any technical problems beyond the control of Linktone Parties including defects, congestion or failures of capacity in a Service Operator's hardware and/or software. Linktone Parties shall be solely liable for any other unsuccessful transmission or any message transmitted as part of or via the Service including where such failure is caused by the failure of Linktone Parties' own hardware and/or software. In connection with its obligations under this paragraph, Linktone Parties shall monitor the reliability and capacity of each Service Operator's network and shall use its best efforts to report to Xxxxxx on the predicted and actual level of network and system failures and other hardware and/or software problems which might cause or have caused the transmission failure of any message transmitted as part of or via the Service.
