Lost Data Sample Clauses

Lost Data. Both parties agree to use their best efforts to maintain the accuracy of the data and to resolve any discrepancies. If scan data for a particular day and store cannot be retrieved, processed, or is corrupted, Retailer will calculate sales based on the most current, factually valid information available.
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Lost Data. 5.1.4.1 Loss of Recorded Usage Data - Pac-West recorded usage data determined to have been lost damaged or destroyed as a result of an error or omission by U S WEST in its performance of the recording function shall, upon Pac-West's request. be recovered by U S WEST at no charge to Pac-West. In the event the data cannot be recovered by U S WEST, U S WEST shall estimate the messages and associated revenue, with assistance from Pac-West, based upon the method described below. This method shall be applied on a consistent basis, subject to modifications agreed to by U S WEST and Pac-West. This estimate shall be used to adjust amounts Pac-West, owes U S WEST for services U S WEST provides in conjunction with the provision of recorded usage data. 5.1.4.2 Partial Loss - U S WEST shall review its daily controls to determine if data has been lost. When there has been a partial loss, actual message and minute volumes shall be reported, if possible. Where actual data are not available, a full day shall be estimated for the recording entity, as outlined in the following paragraphs. The amount of the partial loss is then determined by subtracting the data actually recorded for such day from the estimated total for such day.
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Lost Data. The data in the Designated SBT Processor database will be utilized for transaction accounting. Both parties agree to use their best efforts to maintain the accuracy of the data and to resolve any discrepancies. If scan data for a particular day and store cannot be retrieved, processed, or is corrupted, Retailer and Supplier will calculate sales based on the most current, factually valid information available. Designated SBT Processor shall use commercially reasonable efforts to assist both Retailer and Supplier in the event of lost or corrupted data.
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Lost Data. Loss of Recorded Usage Data - AT&T recorded usage data determined to have been lost, damaged or destroyed as a result of an error or omission by U S WEST in its performance of the recording function shall, upon AT&T request, be recovered by U S WEST at no charge to AT&T. In the event the data cannot be recovered by U S WEST, U S WEST shall estimate the messages and associated revenue, with assistance from AT&T, based upon the method described below. This method shall be applied on a consistent basis, subject to modifications agreed to by U S WEST and AT&T. This estimate shall be used to adjust amounts AT&T owes U S WEST for services U S WEST provides in conjunction with the provision of recorded usage data.
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Lost Data. In no event will Agilyx be liable for lost Customer Data and the Customer shall keep a backup of Customer Data before and after transiting through AIM.
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Lost Data. In the event that any information or data relating to You or Your use of any of the Product held by Elevate Referrals or any third party on behalf of Elevate Referrals is lost, corrupted, or otherwise no longer reasonably available or accessible as determined by Elevate Referrals in its sole discretion, You agree that to the greatest extent permissible at law Elevate Referrals will have no liability to You of any nature relating to any such information or data.
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Lost Data. In the event billing data is lost or destroyed, charges for the missing period will be calculated as an average of the previous three (3) month’s usage. If three months’ data is not available, charges will be calculated using the average usage data of whatever lesser usage period of the applicable three months is available.
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Lost Data 
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Related to Lost Data

  • Lost Items The Credit Union, in receiving items from you for withdrawal or deposit, acts only as your agent and reserves the right to reverse the credit for any deposited items or to charge your account for the items should they become lost in the collection process.

  • Consequential Damages Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.

  • Business Interruption Lessee shall obtain and maintain loss of income and extra expense insurance in amounts as will reimburse Lessee for direct or indirect loss of earnings attributable to all perils commonly insured against by prudent lessees in the business of Lessee or attributable to prevention of access to the Premises as a result of such perils.

  • Punitive Damages The Administrative Agent, the Lenders and the Borrower hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to punitive or exemplary damages that they may now have or may arise in the future in connection with any Dispute, whether such Dispute is resolved through arbitration or judicially.

  • Loss or Damage The District and its agents and authorized representatives shall not in any way or manner be answerable or suffer loss, damage, expense, or liability for any loss or damage that may happen to the Work, or any part thereof, or in or about the same during its construction and before acceptance, and the Contractor shall assume all liabilities of every kind or nature arising from the Work, either by accident, negligence, theft, vandalism, or any cause whatsoever; and shall hold the District and its agents and authorized representatives harmless from all liability of every kind and nature arising from accident, negligence, or any cause whatsoever.

  • No Consequential Damages Other than the Liquidated Damages heretofore described and the indemnity obligations set forth in Article 18.1, in no event shall any Party be liable under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability; provided, however, that damages for which a Party may be liable to another Party under separate agreement will not be considered to be special, indirect, incidental, or consequential damages hereunder.

  • Indirect Damages To the maximum extent permitted by Law, the Stripe Parties will not be liable to you or your Affiliates in relation to this Agreement or the Services during and after the Term (whether in contract, negligence, strict liability or tort, or on other legal or equitable grounds) for any lost profits, personal injury, property damage, loss of data, business interruption, indirect, incidental, consequential, exemplary, special, reliance, or punitive damages, even if these losses, damages, or costs are foreseeable, and whether or not you or the Stripe Parties have been advised of their possibility.

  • Lost Time Apprentices are required to serve an additional day for each day of absence during each year of their apprenticeship, except in respect of absences due to annual leave or long service leave. The following year of their apprenticeship does not commence until the additional days have been worked. However, any time that has been worked by the apprentice in excess of their ordinary hours shall be credited to the apprentice when calculating the amount of additional time that needs to be worked in the relevant year.

  • Disclaimer of Consequential Damages Notwithstanding any provision to the contrary, in no event shall any Party be liable to another Party for any incidental, consequential, special, exemplary or indirect damages, lost business profits or lost data arising out of or in any way related to the Contract Documents.

  • No Punitive Damages If any dispute arises regarding the application, interpretation or enforcement of any provision of this Agreement, including fraud in the inducement, the parties hereby waive their right to seek punitive damages in connection with said dispute.

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