Limitations on Credit Allowances Sample Clauses

Limitations on Credit Allowances. No credit allowances shall be made for Service interruptions: 17.5.1 Due to the negligence or willful misconduct of Customer or Customer’s agents or contractors, or for noncompliance with any provision of the Agreement, including applicable tariffs, by the Customer or any other entity providing services, facilities or equipment interconnected with Service; 17.5.2 Due to the negligence or willful misconduct of a third party; 17.5.3 Due to the failure or malfunction of non-Company provided equipment, systems or services; 17.5.4 During any period in which the Company is not given access to Service or Service components for the purpose of repairing and restoring Service; 17.5.5 During a period in which Customer continues to use the Service on an impaired basis; 17.5.6 During any period in which Customer has released Service to the Company either for maintenance or for the implementation of a Customer request to change Service; 17.5.7 Due to circumstances or causes beyond the control of the Company.
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Limitations on Credit Allowances. No credit allowance will be made for: a) interruptions arising from the acts or omissions of, or non-compliance with the provisions of the Agreement or any schedule thereto (including without limitation this SLA, the Data Standard Terms and Conditions or Acceptable Use Policy) by, Customer or any authorized user, or any interruptions due to any party other than MASS or for events happening on any other party’s network, including but not limited to Data service providers or other common carriers connected to, or providing service connected to, the service of MASS or to MASS' facilities; b) interruptions due to the failure or malfunction of non-MASS equipment, including service connected to Customer provided electric power; c) interruptions of service during any period in which MASS is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions; d) interruptions of service during any scheduled maintenance period or when Customer has released service to MASS for maintenance purposes or for implementation of a Customer order for a change in service arrangements; e) interruptions of service due to force majeure events beyond the reasonable control of MASS. Schedule A to Service Level Agreement Data Services Parameters
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Limitations on Credit Allowances. No credit allowance will be made: 7.1 where 46 Labs, pursuant to the terms of the Agreement, suspends or terminates service because of nonpayment of bills due to 46 Labs, unlawful or improper use of the facilities or service, or any other reason covered by the Agreement 7.2 interruptions arising from the acts or omissions of, or non-compliance with the provisions of the Agreement or any schedule or attachment thereto by Customer or any authorized user, or any interruptions due to any party other than 46 Labs or for events happening on any other party’s network, including but not limited to internet service providers or other common carriers connected to, or providing service connected to, the service of 46 Labs or to 46 Labs’ facilities; 7.3 interruptions caused by the negligence or willful act of the Customer; 7.4 interruptions due to the failure or malfunction of non-46 Labs equipment, including service connected to Customer provided electric power; 7.5 interruptions due to electric power failure where, by the provisions of this Agreement, the Customer is responsible for providing electric power 7.6 interruptions of service during any period in which 46 Labs is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions; 7.7 interruptions of service during any scheduled maintenance period or when Customer has released service to 46 Labs for maintenance purposes or for implementation of a Customer order for a change in service arrangements; 7.8 interruptions of service due to force majeure events as described in Section 10 of the MSA.
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Limitations on Credit Allowances. No credit allowance will be made for: 5.1 Interruptions resulting from the acts or omissions of, or non-compliance with the provisions of the Service Order or Terms or any schedule thereto (including without limitation this SLA, the Service Product Specific Standard Terms and Conditions or Acceptable Use Policy) by, Customer or any authorized user; 5.2 Interruptions resulting from the acts or omissions of any person or entity other than a Blackfoot Communications employee; 5.3 Interruptions sourced from, or events happening on, any other person or entity’s network, including but not limited to data service providers or other common carriers connected to, or providing service connected to, the Service of Blackfoot Communications or to Blackfoot Communications’ facilities; 5.4 Interruptions resulting from the failure or malfunction of non-Blackfoot equipment, including service connected to Customer-provided electric power; 5.5 Interruptions of Service during any period in which Blackfoot Communications is not given full and free access to its facilities and equipment, and to Customer’s premises, for the purpose of investigating and correcting Interruptions; 5.6 Interruptions of Service during any scheduled maintenance period or when Customer has 5.6.1 Scheduled maintenance occurs between 11 PM and 5 AM seven days per week. During this period various maintenance functions and network reconfigurations or upgrades may occur. Normally these activities are not Service impacting. If an activity is likely or known to impact customers operating within this window, notice of the activity will be given 48 hours in advance. Blackfoot Communications reserves the right to change the maintenance schedule if the need arises. 5.7 Interruptions resulting from power outages, other than power outages at Blackfoot Communications’ collocation facility if Blackfoot Communications provides Customer hosting services at Blackfoot Communications’ collocation facility. 5.8 Interruptions resulting from a Blackfoot Communications disconnect for Customer’s breach. 5.9 Interruptions resulting from incorrect, incomplete or inaccurate orders from Customer. 5.10 Interruptions due to improper or inaccurate network specifications provided by Customer. 5.11 Interruptions of Service due to Force Majeure Event beyond the reasonable control of Blackfoot Communications.
Sample 1
Limitations on Credit Allowances. No credit allowance will be made for: a) Interruptions arising from acts or omissions of, or non-compliance with the provisions of the Customer Service Agreement or any schedule thereto (including without limitation this SLA, the Service Product Specific Terms and Conditions or applicable Acceptable Use Policy) by Customer or any authorized user, or any interruptions due to any party other than NetWolves or for events happening on any other party’s network, including but not limited to data service providers or other common carriers connected to, or providing service connected to, the service of NetWolves or NetWolves’ facilities. Notwithstanding the foregoing, NetWolves shall use all reasonable efforts to remedy the interruption as soon as is reasonably possible; b) Interruptions due to the failure or malfunction of non-NetWolves provided equipment, including service connected to Customer-provided electric power or other common utilities; c) Interruptions of Service during any period in which NetWolves or its agents and suppliers is not given full and free access to its facilities and equipment, through no fault of NetWolves, for the purpose of investigating and correcting interruptions; d) Interruptions of Service during any scheduled maintenance period or when Customer has released Service to NetWolves for maintenance purposes of for implementation of a Customer order for a change in Service arrangements; e) Interruptions of Service due to force majeure events beyond the reasonable control of NetWolves. f) Customer must be current in all of its NetWolves invoice payments to be eligible for any credits and may not withhold payments based on SLA Service Credit requests. NetWolves may, at its reasonable discretion and without notice, limit or eliminate Customer's eligibility and ability to submit SLA credit requests if Customer fails to pay the undisputed portion of any NetWolves invoice, or in NetWolves’ sole determination, NetWolves determines that Customer has: g) Failed on one or more occasions to comply with the Service Credit request policies and requirements described herein; submitted an excessive number of rejected SLA Service Credit requests; or used or attempted to use the SLA Service Credit process in a frivolous, abusive or fraudulent manner. h) NetWolves will restore Customer's ability to submit SLA Service Credit requests once Customer has paid all amounts owed NetWolves (in case of failure to pay outstanding invoices), or in all other cases...
Sample 1
Limitations on Credit Allowances. No credit allowance will be made for: a. Interruptions arising from the acts or omissions of, or non-compliance with the provisions of the Agreement or any schedule thereto (including without limitation this SLA, the Service Product Specific Standard Terms and Conditions or Acceptable Use Policy) by, Customer or any authorized user, or any interruptions due to any party other than VTX or for events happening on any other party’s network, including but not limited to Data service providers or other common carriers connected to, or providing service connected to, the service of VTX or to VTX's facilities; b. Interruptions due to the failure or malfunction of non-VTX equipment, including service connected to Customer provided electric power; c. Interruptions of service during any period in which VTX is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions; d. Interruptions of service during any scheduled maintenance period or when Customer has released service to VTX for maintenance purposes or for implementation of a Customer order for a change in service arrangements; e. Interruptions of service due to force majeure events beyond the reasonable control of VTX.
Sample 1
Limitations on Credit Allowances. No credit allowance will be made for: a) interruptions arising from the acts or omissions of, or non-compliance with the provisions of the Agreement or any schedule thereto by Customer or any authorized user, or any interruptions due to any party other than AIRESPRING or for events happening on any other party’s network, including but not limited to internet service providers or other common carriers b) interruptions due to the failure or malfunction of non-AIRESPRING equipment, including service connected to Customer provided electric power; c) interruptions of service during any period in which AIRESPRING is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions; d) interruptions of service during any scheduled maintenance period or when Customer has released service to AIRESPRING for maintenance purposes or for implementation of a Customer order for a change in service arrangements; e) interruptions of service due to force majeure events beyond the reasonable control of AIRESPRING.
Sample 1
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Limitations on Credit Allowances. No credit allowance will be made for: a) Interruptions arising from the acts or omissions of, or non-compliance with the provisions of the Agreement or any schedule thereto (including without limitation this SLA, the Service Product Specific Standard Terms and Conditions) by, Customer or any authorized user, or any interruptions due to any party other than VOXNET or for events happening on any other party’ s network, including but not limited to Data service providers or other common carriers connected to, or providing service connected to, the service of VOXNET or to VOXNET's facilities; b) Interruptions due to the failure or malfunction of non-VOXNET equipment, including service connected to Customer provided electric power; c) Interruptions of service during any period in which VOXNET is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions; d) Interruptions of service during any scheduled maintenance period or when Customer has released service to VOXNET for maintenance purposes or for implementation of a Customer order for a change in service arrangements; e) Interruptions of service due to force majeure events beyond the reasonable control of VOXNET. Schedule A to Service Level Agreement Data Services Parameters 1. Scope. This schedule to the Service Level Agreement (“ SLA” ) between Customer and VOXNET provides Customers subscribing to the VOXNET Data Service with certain rights and remedies regarding the performance of the VOXNET Data Network. The “ VOXNET Data Network” is defined as the VOXNET owned and operated or resold Data Protocol (IP) routing infrastructure consisting of Network to Network interfaces and selected VOXNET points of presence (“ POPs” ) and the connections between them in the United States. The VOXNET Network does not include (i) Customer premise equipment; (ii) any local loop or access facilities connecting Customer’ s premises to the VOXNET POP; (iii) connections between VOXNET’ s network and other Data service providers, or (iv) other Data service provider networks. The terms of this schedule to the SLA will take effect the first full calendar month after Customer’ s first use of the VOXNET Data Services. 2. SLA Parameters A. Network Availability Guarantee and Remedy (i) The VOXNET Data Network shall be available to Customer free of Network Outages for 100% of the time. A “Network Outage” is an instance in which Customer is unable to transmit and receive I...
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Related to Limitations on Credit Allowances

  • Limitations on Contributions By executing this Agreement, Contractor acknowledges its obligations under Section 1.126 of the City’s Campaign and Governmental Conduct Code, which prohibits any person who contracts with, or is seeking a contract with, any department of the City for the rendition of personal services, for the furnishing of any material, supplies or equipment, for the sale or lease of any land or building, for a grant, loan or loan guarantee, or for a development agreement, from making any campaign contribution to (i) a City elected official if the contract must be approved by that official, a board on which that official serves, or the board of a state agency on which an appointee of that official serves, (ii) a candidate for that City elective office, or (iii) a committee controlled by such elected official or a candidate for that office, at any time from the submission of a proposal for the contract until the later of either the termination of negotiations for such contract or twelve months after the date the City approves the contract. The prohibition on contributions applies to each prospective party to the contract; each member of Contractor’s board of directors; Contractor’s chairperson, chief executive officer, chief financial officer and chief operating officer; any person with an ownership interest of more than 10% in Contractor; any subcontractor listed in the bid or contract; and any committee that is sponsored or controlled by Contractor. Contractor certifies that it has informed each such person of the limitation on contributions imposed by Section 1.126 by the time it submitted a proposal for the contract, and has provided the names of the persons required to be informed to the City department with whom it is contracting.

  • Limitations on Eurodollar Tranches Notwithstanding anything to the contrary in this Agreement, all borrowings, conversions and continuations of Eurodollar Loans and all selections of Interest Periods shall be in such amounts and be made pursuant to such elections so that, (a) after giving effect thereto, the aggregate principal amount of the Eurodollar Loans comprising each Eurodollar Tranche shall be equal to $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (b) no more than ten Eurodollar Tranches shall be outstanding at any one time.

  • Limitations on Amounts A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate LC Exposure of the Issuing Bank (determined for these purposes without giving effect to the participations therein of the Lenders pursuant to paragraph (e) of this Section) shall not exceed $25,000,000, (ii) the total Multicurrency Credit Exposures shall not exceed the aggregate Multicurrency Commitment and (iii) the total Covered Debt Amount shall not exceed the Borrowing Base then in effect.

  • Limitations on Payments (i) The provisions of this Section 6(c) and not those of Section 6(b) shall apply to any Payments to which the Executive first becomes entitled as a result of an event occurring on or after January 1, 2014. In the event that any such Payments (x) constitute “parachute payments” within the meaning of Section 280G of the Code and (y) but for this subsection (b), would be subject to the Excise Tax, such Payments shall be either (A) delivered in full, or (B) delivered to such lesser extent that would result in no portion of the Payments being subject to the Excise Tax, whichever of the foregoing amounts, taking into account the applicable federal, state and local income taxes and the Excise Tax, results in the receipt by the Executive on an after tax basis, of the greatest amount of Payments, notwithstanding that all or some portion of the Payments may be taxable under Section 4999 of the Code. Unless the Company and Executive otherwise agree in writing, any determination required under this Section 6(c)(i) shall be made in writing in good faith by the Accountants in good faith consultation with the Executive. (ii) In the event a reduction in the Payments is required hereunder, the Company shall promptly give the Executive notice to that effect and the Executive may then determine, in his sole discretion, which and how much of the Payments shall be eliminated or reduced (as long as, after such election, none of the Payments are subject to the Excise Tax), and shall advise the Company in writing of his election within ten (10) days of his receipt of the Company’s notice. If no such election is made by the Executive within such period, the Company may determine which and how much of the Payments shall be eliminated or reduced (as long as, after such determination, none of the Payments are subject to the Excise Tax) and shall notify the Executive promptly of such determination. (iii) For purposes of making the calculations required by this Section 6(c), the Accountants may make reasonable assumptions and approximations concerning the application taxes and may rely on reasonable good faith interpretations concerning the application of Sections 280G and 4999 of the Code. The Company and the Executive shall furnish to the Accountants such information and documents as the Accountants may reasonable request in order to make a determination under this Section. The Company shall bear all costs the Accountants may reasonably incur in connection with any calculations contemplated by this Section 6(c). (iv) If the Payments are reduced to avoid the Excise Tax pursuant to Section 6(c)(i) hereof and notwithstanding such reduction, the IRS determines that the Executive is liable for the Excise Tax as a result of the receipt of Payments from the Company, then the Executive shall be obligated to pay to the Company (the “Repayment Obligation”) an amount of money equal to the “Repayment Amount.” The Repayment Amount shall be the smallest such amount, if any, as shall be required to be paid to the Company so that the Executive’s net proceeds with respect to the Payments (after taking into account the payment of the Excise Tax imposed on such benefits) shall be maximized. Notwithstanding the foregoing, the Repayment Amount shall be zero if a Repayment Amount of more than zero would not eliminate the Excise Tax in accordance with the principles of Section 6(c)(i). If the Excise Tax is not eliminated through the performance of the Repayment Obligation, the Executive shall pay the Excise Tax. The Repayment Obligation shall be discharged within 30 days of either (A) the Executive’s entering into a binding agreement with the IRS as to the amount of Excise Tax liability, or (B) a final determination by the IRS or a court decision requiring the Executive to pay the Excise Tax from which no appeal is available or is timely taken.

  • Limitations on Amount (a) Xx. Xxxxxx and Seller will have no liability (for indemnification or otherwise) with respect to the matters described in clauses (a) and (b) of Section 9.02 until the total of all Damages with respect to such matters exceeds $100,000 and then only to the extent all such Damages exceed in the aggregate $100,000. Notwithstanding the foregoing, the aggregate liability of Xx. Xxxxxx and Seller under this Article IX (other than Section 9.03) shall not exceed $1,500,000; provided, however that this limit will not apply to the representations and warranties in Sections 3.01, 3.02, and 3.13 or any fraudulent acts or omissions or intentional material misrepresentations on the part of Xx. Xxxxxx or Seller. (b) Buyer shall not have any liability (for indemnification or otherwise) with respect to the matters described in clauses (a) and (b) of Section 9.04 until the total of all Damages with respect to such matters exceeds $100,000 and then only to the extent all such Damages exceed in the aggregate $100,000. Notwithstanding the foregoing, the aggregate liability of Buyer under Article IX shall not exceed $1,500,000, provided, however that this limit will not apply to the representations and warranties in Section 4.02 or any fraudulent acts or omissions or intentional material misrepresentations on the part of Buyer. (c) No indemnitor will have any liability (for indemnification or otherwise) for any Damages (i) for punitive, exemplary or special damages of any nature, (ii) for indirect or consequential damages, including damages for lost profit, lost business opportunity or damage to business reputation, or (iii) that, at the time written notice thereof is delivered to any indemnitor, are contingent, speculative or unquantified. (d) [Reserved] (e) [Reserved] (f) The amount of Damages for which the Buyer Indemnified Persons or Codina Indemnified Persons may be entitled to seek indemnification under this Agreement will be reduced by the amount of any insurance proceeds or other payment from a third party received or receivable by any Buyer Indemnified Person or Codina Indemnified Person, as applicable, with respect to such Damages and the amount of any deduction, credit or other Tax benefit that any Buyer Indemnified Person or Codina Indemnified Person is entitled to with respect to such Damages (taking into account the time at which such benefit is expected to be actually realized). If a Buyer Indemnified Person or Codina Indemnified Person, after having received any indemnification payment pursuant to this Agreement with respect to any Damages, subsequently receives any insurance proceeds or other payment or recognizes any deduction, credit or other Tax benefit with respect to such Damages, Buyer or Xx. Xxxxxx and Seller, as the case may be, will promptly refund and pay to the Buyer Indemnified Persons or Codina Indemnified Persons, as the case may be, an amount equal to such insurance proceeds, payment or benefit. (g) Buyer will, and will use commercially reasonable efforts to cause each of the other Buyer Indemnified Persons to, use commercially reasonable efforts to mitigate any Damages with respect to which it may be entitled to seek indemnification pursuant to this Agreement. Buyer will, and will use commercially reasonable efforts to cause each of the other Buyer Indemnified Persons to, use commercially reasonable efforts to obtain all insurance proceeds or other payments from third parties, and all Tax refunds or other Tax benefits, that may be available with respect to any Damages with respect to which it may be entitled to indemnification under this Agreement. (h) If any indemnitor is indemnified for any Damages pursuant to this Agreement with respect to any claim by a third party, the indemnitor shall consider in good faith a request for subrogation on the part of the indemnitee.

  • Limitations on Amounts, Issuance and Amendment A Letter of Credit shall be issued, amended, extended, reinstated or renewed only if (and upon issuance, amendment, extension, reinstatement or renewal of each Letter of Credit the Company shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, extension, reinstatement or renewal (i) the aggregate amount of the outstanding Letters of Credit issued by the L/C Issuer shall not exceed its L/C Commitment, (ii) the aggregate L/C Obligations shall not exceed the Letter of Credit Sublimit, (iii) the Revolving Credit Exposure of any Lender shall not exceed its Revolving Credit Commitment and (iv) the total Revolving Credit Exposures shall not exceed the total Revolving Credit Commitments. (i) The L/C Issuer shall not be under any obligation to issue any Letter of Credit if: (A) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the L/C Issuer from issuing the Letter of Credit, or any Law applicable to the L/C Issuer or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the L/C Issuer shall prohibit, or request that the L/C Issuer refrain from, the issuance of letters of credit generally or the Letter of Credit in particular or shall impose upon the L/C Issuer with respect to the Letter of Credit any restriction, reserve or capital requirement (for which the L/C Issuer is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the L/C Issuer any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which the L/C Issuer in good xxxxx xxxxx material to it; (B) the issuance of such Letter of Credit would violate one or more policies of the L/C Issuer applicable to letters of credit generally; (C) except as otherwise agreed by the Administrative Agent and the L/C Issuer, the Letter of Credit is in an initial stated amount less than $100,000; (D) except as otherwise agreed by the Administrative Agent and the L/C Issuer, the Letter of Credit is to be denominated in a currency other than Dollars; or (E) any Revolving Credit Lender is at that time a Defaulting Lender, unless the L/C Issuer has entered into arrangements, including the delivery of Cash Collateral, reasonably satisfactory to the L/C Issuer with the Company or such Lender to eliminate the L/C Issuer’s actual or potential Fronting Exposure (after giving effect to Section 2.18(a)(iv)) with respect to the Defaulting Lender arising from either the Letter of Credit then proposed to be issued or that Letter of Credit and all other L/C Obligations as to which the L/C Issuer has actual or potential Fronting Exposure, as it may elect in its sole discretion. (ii) The L/C Issuer shall be under no obligation to amend any Letter of Credit if (A) the L/C Issuer would have no obligation at such time to issue the Letter of Credit in its amended form under the terms hereof, or (B) the beneficiary of the Letter of Credit does not accept the proposed amendment to the Letter of Credit.

  • Amount Limitations Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, no Issuing Bank shall be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13. shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments the aggregate principal amount of all outstanding Revolving Loans and Swingline Loans, together with the aggregate amount of all Letter of Credit Liabilities, would exceed the aggregate amount of the Revolving Commitments at such time.

  • Limitations on Benefits It is the explicit intention of Purchaser and Seller that no person or entity other than Purchaser and Seller and their permitted successors and assigns is or shall be entitled to bring any action to enforce any provision of this Agreement against any of the parties hereto, and the covenants, undertakings and agreements set forth in this Agreement shall be solely for the benefit of, and shall be enforceable only by, Purchaser and Seller or their respective successors and assigns as permitted hereunder. Nothing contained in this Agreement shall under any circumstances whatsoever be deemed or construed, or be interpreted, as making any third party (including, without limitation, Broker or any Tenant) a beneficiary of any term or provision of this Agreement or any instrument or document delivered pursuant hereto, and Purchaser and Seller expressly reject any such intent, construction or interpretation of this Agreement.

  • Limitations on Interest Periods Notwithstanding any other provision of this Agreement, the Borrower shall not be entitled to request (or to elect to convert to or continue as a Eurocurrency Borrowing) any Borrowing if the Interest Period requested therefor would end after the Maturity Date.

  • Limitations and Conditions on Benefits The benefits and payments provided under this Agreement shall be subject to the following terms and limitations:

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