Material Degradation Sample Clauses

Material Degradation. If at any time Supplier’s applications or the interface between the Parties’ systems operates in a manner that materially degrades the Customer experience or functionality, JPMC may disconnect or suspend its use of affected applications or systems until the issue is resolved and a high-quality user experience is restored. Supplier will immediately prioritize resources to minimize downtime or other disruption to Customers, and shall use commercially reasonable efforts to resolve the matter as soon as practicable.
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Material Degradation. Each local television station whose signal is carried under mandatory carriage shall, to the extent technically feasible and consistent with good engineering practice, be provided with the same quality of signal processing provided to television stations electing retransmission consent. A satellite carrier is permitted to use reasonable digital compression techniques in the carriage of local television stations.
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Material Degradation. This is the deterioration of material when exposed to an Initial Here environment resulting in the loss of the material. Color Bleeding - When the Product gets wet, and the dye is extracted from the Initial Here Product.
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Material Degradation. (a) Except as specifically provided in subsection (e) below, each SIG Party will have the right to terminate this Agreement if: (1) any of the Network Voice Drop Rate, Network Voice Block Rate, Network Data Drop Rate or Network Data Block Rate (each, a “Network Performance Measure”) (each measured independently) is in excess of the percentage set forth opposite such Network Performance Measure in the table below (each, a “Performance Threshold”) for any [*****] period (the occurrence of the foregoing clauses (1), a “Network Performance Triggering Event”); and (2) such Network Performance Measure is in excess of its Performance Threshold during [*****] during the [*****] period following such [*****] period (the occurrence of the foregoing clauses (1) and (2), a “Network Performance Termination Event”). Network Voice Drop Rate [*****] Network Voice Block Rate [*****] Network Data Drop Rate [*****] Network Data Block Rate [*****] (b) In addition, except as specifically provided in subsection (e) below, upon the occurrence of a Network Performance Triggering Event, Sprint shall, at [*****] following the occurrence of such Network Performance Triggering Event [*****]. (c) On a monthly basis, Sprint will provide a standard summary report or set of standard reports describing Sprint’s performance against each Network Performance Measure. If any such report substantiates the occurrence of a Network Performance Termination Event, then, each SIG Party (x) shall have the right to terminate this Agreement in its entirety (at the SIG Party’s sole discretion) during the period following receipt of such report by giving Sprint at least 30 days’ prior written notice (which notice shall be simultaneously delivered to each other SIG Party then party to this Agreement) and (y) shall be entitled to the rights and remedies described in Section 13.5 (irrespective of whether the termination right described in the foregoing clause (x) is exercised). Sprint’s performance is measured across specific network elements, and applies only to sites on the Sprint Network within the Sprint Coverage Area. The measurements described in this Section 9.5.2 are based on network operational measurements used by Sprint in its internal network operations and consistently applied with respect to both its direct retail and wholesale business operations. (d) [*****]. (e) Notwithstanding any other provision of this Section 9.5.2, this Section 9.5.2 and the remedies described herein will not apply to,...
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Material Degradation. Vendor shall not make any changes or modifications to the City Materials, the Developed Materials, Vendor Materials (including the system Software) that in each case use Software, or the operating environment of such Software that would materially and adversely alter the functionality of any of the Software, materially degrade the performance of any of the Software or materially and adversely affect the day-to-day operations of the PBC’s or the City’s business or, in connection with a User Project, the applicable Sister Agency’s or User’s business (except as may be necessary on a temporary basis to maintain the continuity of the System or the Services or a User Project) (a “Software Degradation”) unless Vendor has received the prior written approval of the PBC after disclosure of the risks of such Software Degradation. Vendor shall be responsible, at no charge to the PBC, for modifying, enhancing, substituting or fixing the Software and any other Goods or Software used in connection with the System or the Services or a User Project necessitated by any Software Degradation that was not approved in writing by the PBC. Vendor may, with notice to the PBC, remedy any Software Degradation caused by Vendor’s introduction of changes or modifications to the Software on a temporary basis by removing such changes and/or modifications that cause a Software Degradation such that the Software will revert to that version of the Software used prior to the introduction of the change or modification that has caused a Software Degradation; provided, however, that Vendor shall work diligently to correct such Software Degradation so that the change or modification to the Software that was intended and that caused the Software Degradation can be implemented without such Software Degradation.
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Related to Material Degradation

  • Material Project Documents (a) The Company shall at all times (i) perform and observe all of the covenants under the Material Project Documents to which it is a party and take reasonable actions to enforce all of its rights thereunder, other than to the extent the same could not reasonably be expected to have a Material Adverse Effect, (ii) subject to the provisions of clause (b) of this Section 9.8, maintain the System Leases (other than Leases constituting System Leases only pursuant to clause (5) of the definition thereof) in full force and effect, and (iii) maintain the Leases (other than the System Leases referred to in the foregoing clause (ii) of this Section 9.8(a)) to which it or any of its Subsidiaries is a party in full force and effect, except to the extent the same could not reasonably be expected to have a Material Adverse Effect. (b) If the term of a Lease with the Company or one of its Subsidiaries expires and the Qualified Lessee under such Lease has either ceased operating the related assets or has ceased paying rent as required under the applicable Lease, the Company shall, or shall cause a Subsidiary, as applicable, to enter into a supplement or a new Lease with respect to the related leasehold assets with a Qualified Lessee that provides for rent that, when combined with all other expected revenue, will, in the reasonable judgment of the Company, as of the commencement date of such supplement or new Lease, generate sufficient revenue to satisfy the requirements of Section 9.9 and will not otherwise result in a materially worse position for the Company as compared to the terms of the applicable expired Lease. Each such new Lease shall have a term of at least five years. Notwithstanding the foregoing, if (i) such expired Lease relates to transmission and/or distribution assets that are not generating significant revenue, (ii) the failure to renew such Lease would not constitute a Material Adverse Effect and (iii) the Company reasonably believes it will generate sufficient revenue and hold sufficient assets (without giving effect to the leasehold assets with respect to such Lease) to satisfy the requirements of Section 9.9, then this Section 9.8(b) will not require a supplement or new lease with respect to such leasehold assets.

  • Adverse Weather Shall be only weather that satisfies all of the following conditions: (1) unusually severe precipitation, sleet, snow, hail, or extreme temperature or air conditions in excess of the norm for the location and time of year it occurred based on the closest weather station data averaged over the past five years, (2) that is unanticipated and would cause unsafe work conditions and/or is unsuitable for scheduled work that should not be performed during inclement weather (i.e., exterior finishes), and (3) at the Project.

  • MATERIAL SAFETY All manufacturers, importers, suppliers, or distributors of hazardous chemicals doing business in this State must provide a copy of the current Material Safety Data Sheet (MSDS) for any hazardous chemical to their direct purchasers of that chemical.

  • Material Contract Defaults The Company is not in default in any material respect under the terms of any outstanding contract, agreement, lease, or other commitment which is material to the business, operations, properties, assets, or financial condition of either of them, and there is no event of default or other event which, with notice or lapse of time or both, would constitute a default in any material respect under any such contract, agreement, lease, or other commitment in respect of which the Company has not taken adequate steps to prevent such a default from occurring.

  • Responsibility for Environmental Contamination 5.20.1 Neither Party shall be liable to the other for any costs whatsoever resulting from the presence or release of any Environmental Hazard that either Party did not introduce to the affected Work Location. Both Parties shall defend and hold harmless the other, its officers, directors and employees from and against any losses, damages, claims, demands, suits, liabilities, fines, penalties and expenses (including reasonable attorneys' fees) that arise out of or result from (i) any Environmental Hazard that the Indemnifying Party, its contractors or agents introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for which the Indemnifying Party is responsible under Applicable Law. 5.20.2 In the event any suspect materials within Qwest-owned, operated or leased facilities are identified to be asbestos containing, CLEC will ensure that to the extent any activities which it undertakes in the facility disturb such suspect materials, such CLEC activities will be in accordance with applicable local, state and federal environmental and health and safety statutes and regulations. Except for abatement activities undertaken by CLEC or equipment placement activities that result in the generation of asbestos-containing material, CLEC does not have any responsibility for managing, nor is it the owner of, nor does it have any liability for, or in connection with, any asbestos-containing material. Qwest agrees to immediately notify CLEC if Qwest undertakes any asbestos control or asbestos abatement activities that potentially could affect CLEC personnel, equipment or operations, including, but not limited to, contamination of equipment.

  • Repeat Violations Xxxxxxx agrees to comply with all regulatory requirements and acknowledges that repeat violations could result in increased penalties in the future.

  • Material Safety Data Sheet Seller shall provide to Buyer with each delivery any Material Safety Data Sheet applicable to the work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated thereunder or its State approved counterpart.

  • Environmental Attributes Seller acknowledges and agrees that any Environmental Attribute associated with or related to the Product will not be sold or otherwise made available to a third party but will be sold to Buyer pursuant to this Agreement. For the avoidance of doubt, the Product sold hereunder must meet the definition of “renewable energy credit” under the IPA Act.

  • MATERIAL SAFETY DATA SHEETS As applicable, Contractor shall provide Purchaser with all appropriate Material Safety Data Sheets (“MSDS”) at the time of delivery of each shipment of Goods which requires such compliance and/or and for materials used by Contractor while performing Services and any updates of the same.

  • Material An itemized list of all materials purchased and installed at the crossing location. If materials purchased are installed at multiple crossing locations, a notation must be made to identify the crossing location.

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