Loss of Availability Sample Clauses

Loss of Availability. 8.2.1 An “Excused Loss of Availability” is a Loss of Availability that is directly caused by: (i) a State Event of Default, a Lessor Event of Default under the Xxxx Center Plant Lease or any act or omission of the State or a State Person or Lessor or a Lessor Person (as defined in the Xxxx Center Plant Lease) that would constitute a State Event of Default or a Lessor Event of Default with the passage of time and/or giving of notice; (ii) the fault or negligence of the State, a State Person or Xxxx Center; (iii) a loss of or interruption in the provision of Utilities to the extent the Utilities not so provided cause or contribute to such Loss of Availability; (iv) an event of Force Majeure (and then subject to the provisions of Section 11.4); (v) an Excused Pipe Malfunction;
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Related to Loss of Availability

  • 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.

  • 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.

  • 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.

  • 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.

  • Loss of a Facility Hub In the event that BellSouth loses a facility hub, the recovery process is much the same as above. Once the NMC has observed the problem and administered the appropriate controls, the ECC will assume authority for the repairs. The recovery effort will include a) Placing specialists and emergency equipment on notice; b) Inventorying the damage to determine what equipment and/or functions are lost; c) Moving containerized emergency equipment to the stricken area, if necessary; d) Reconnecting service for Hospitals, Police and other emergency agencies; and e) Restoring service to CLECs and other customers. If necessary, BellSouth will aggregate the traffic at another location and build temporary facilities. This alternative would be viable for a location that is destroyed and building repairs are required.

  • General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.

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

  • 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.

  • 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.

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.

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