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.
9.02 The obligation of Hydro to furnish Power and Energy under this Agreement is expressly subject to all accidents or causes that may occur at any time and affect the generation or transmission of such Power and Energy, and in any such event, but subject to Clause 9.03, Hydro shall have the right in its discretion to reduce or, if necessary, to interrupt the supply of Power and Energy under this Agreement.
9.03 Hydro agrees to take all reasonable precautions to prevent any reduction or interruption of the supply of Power and Energy or any variation in the frequency or voltage of such supply, and whenever any such reduction, interruption or variation occurs, Hydro shall use all reasonable diligence to restore its service promptly.
(1) Subject to Clause 9.04(2) hereof, Hydro shall be liable for and in respect of only that direct loss or damage to the physical property of the Customer caused by any negligent act or omission of Hydro its servants or agents. Customer agrees that for the purpose of this Clause 9.04, \"direct loss or damage to the physical property of the Customer\" shall not be construed to include damages for inconvenience, mental anguish, loss of profits, loss of earnings or any other indirect or consequential damages or losses.
LIABILITY FOR SERVICE. 11.01 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.
11.02 The obligation of Hydro to furnish Power and Energy under this Agreement is expressly subject to all accidents or causes that may occur at any time and affect the generation or transmission of such Power and Energy, and in any such event, but subject to Clause 11.03, Hydro shall have the right in its discretion to reduce or, if necessary, to interrupt the supply of Power and Energy under this Agreement.
11.03 Hydro shall cause all usual precautions to be taken in order to guard against interruptions or diminutions in the supply of Power to the Customer and shall cause all such interruptions or diminutions that occur to be terminated with all possible dispatch, and if interruptions or diminutions are necessary or unavoidable for repair, overhauling or inspection of equipment or for improving or adding to its equipment, Hydro shall give the Customer reasonable notice of any anticipated interruption or diminution of any amount of Power so that inconvenience and loss to the Customer may be minimized.
11.04 If for any reason Hydro is unable to deliver continuously any amount of Power, and provided that the reason that Hydro is unable to deliver such amount of Power can be addressed by a proportionate sharing of the total required Power reduction, the Customer shall, when required so to do by Hydro, reduce the Power to be taken by it to such amount as may be specified by Hydro. The Customer shall not be required to reduce the Power to be taken by it and Hydro shall not reduce the same in greater proportion than other Labrador industrial customers of Hydro (except any customer to whom power is sold for ultimate use by the general public).
11.05 Save and except that if such interruption or diminution is due to the negligence of Hydro, the Customer agrees that it will not make any claim against Hydro or hold Hydro liable for any loss or damage arising from any interruption or diminution in the supply of Electricity under Clauses 11.03 and 11.04. So long as such interruption or diminution continues, the Customer’s sole remedy shall be the right to reduce its Billing Demand in respect of the period of such Hydro - Kami Service Agreement interruption or diminution by an amount of kilowatts proportionate to the reduction...
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.
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.
