NETWORK FAILURE Sample Clauses

NETWORK FAILURE. 10.1. If a Buyer reasonably believes a defect in the Articles caused, directly or indirectly, a wireless network operated by that Buyer to fail by becoming “frozen,” that Buyer shall immediately notify Supplier in writing and the parties shall conduct a joint investigation to determine if a defect in the Articles in fact caused the network failure. If the parties determine that a defect in the Articles caused the network failure, [***] determined by [***]. The amount of damages for each failure or related set of failures attributable to a particular defect that results in the network becoming “frozen” [***]. A Buyer’s wireless network will be deemed “frozen” if all or a substantial portion of the network will not process phone calls. Upon conclusion of joint investigation, if it is determined that the network failure was not caused by the Articles, Buyer shall reimburse Supplier for expenses related to travel, lodging and engineering support (equal to Buyer’s rate for engineering support in effect at the time of the event). Supplier shall invoice Buyer for such expenses and Buyer shall pay within thirty (30) days.
Sample 1
AutoNDA by SimpleDocs
NETWORK FAILURE. If at any time after meeting its purchase obligation under Sections 2.1 and 2.2, the Customer's network or any significant span within such network, fails solely due to the failure of Avici's Product or Software to perform in accordance with the Specifications, to function properly for a period of [CONFIDENTIAL TREATMENT REQUESTED]/*/ after Customer provides notice to Avici as per clause 4.4(a), Customer shall have the right to terminate this Agreement upon [CONFIDENTIAL TREATMENT REQUESTED]/*/ written notice to Avici, provided that Avici (or an Avici certified equipment technician) performed Product installation and that Customer:
Sample 1
NETWORK FAILURE. Description: Problem: Expected Impact: Very High Instance where the network becomes Mitigation Strategy: Deploy a network monitoring tool to provide warning of unavailable unusual activity on the network and identifies the source Contingency Plan: Implement organization network failure response plan
Sample 1
NETWORK FAILURE. DotParse shall not be liable for any delay, or impossibility to perform, which is due to network failure or any other disturbance in the access to the Products.
Sample 1

Related to NETWORK FAILURE

  • Business Failure Any act by, against or relating to any Loan Party, or its property or assets, which act constitutes the determination by any Loan Party to initiate or acquiesce to: a program of partial or total self-liquidation; an application for, consent to, or sufferance of the appointment of a receiver, trustee, or other person, pursuant to court action or otherwise, with respect to all or any part of any Loan Party’s property; the granting of any trust mortgage or execution of an assignment for the benefit of the creditors of any Loan Party; any other voluntary or involuntary liquidation or extension of debt agreement for any Loan Party; the offering by, or entering into by, any Loan Party of any composition, extension, or any other arrangement seeking relief from or extension of the debts of any Loan Party; or the initiation of any judicial or non-judicial proceeding or agreement by, against, or including any Loan Party which seeks or intends to accomplish a reorganization or arrangement with creditors; and/or the initiation by or on behalf of any Loan Party of the liquidation or winding up of all or any part of any Loan Party’s business or operations.

  • Payment Failure Any Credit Party (i) fails to pay any principal when due under this Agreement or (ii) fails to pay, within three Business Days of when due, any other amount due under this Agreement or any other Credit Document, including payments of interest, fees, reimbursements, and indemnifications;

  • Equipment Failures In the event of equipment failures beyond the Administrator's control, the Administrator shall take reasonable and prompt steps to minimize service interruptions but shall have no liability with respect thereto. The Administrator shall develop and maintain a plan for recovery from equipment failures which may include contractual arrangements with appropriate parties making reasonable provision for emergency use of electronic data processing equipment to the extent appropriate equipment is available.

  • Epidemic Failure The term “Epidemic Failure” means Product deficiencies resulting from defects in material, workmanship and/or manufacturing process that are in excess of one percent (1%) of the total number of Products shipped during any rolling six (6) month period.

  • Lenders’ Failure to Perform All Advances (other than Swing Loans and Agent Advances) shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

  • Borrower’s Failure to Notify If the Borrower fails to give notice pursuant to Section 1.6(a) above of the continuation or conversion of any outstanding principal amount of a Borrowing of Eurodollar Loans before the last day of its then current Interest Period within the period required by Section 1.6(a) and such Borrowing is not prepaid in accordance with Section 1.8(a), the Borrower shall be deemed to have given the notice three (3) Business Days prior to the end of the then current Interest Period and such Borrowing shall automatically be continued as a Borrowing of a Eurodollar Loan with a one (1) month Interest Period; provided that all Lenders are able to accommodate such one (1) month Interest Period and such Eurodollar Loan shall be subject to the funding indemnity set forth in Section 1.11 hereof in the event it is prepaid prior to the end of the Interest Period. In the event the Borrower fails to give notice pursuant to Section 1.6(a) above of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 12:00 noon (Chicago time) on the day such Reimbursement Obligation becomes due that it intends to repay such Reimbursement Obligation through funds not borrowed under this Agreement, the Borrower shall be deemed to have requested a Borrowing of Base Rate Loans under the Revolving Credit (or at the option of the Swing Line Lender under the Swing Line) on such day in the amount of the Reimbursement Obligation then due, which Borrowing shall be applied to pay the Reimbursement Obligation then due.

  • Termination for Failure to Close This Agreement shall automatically be terminated if the Closing Date shall not have occurred by July 7, 2016; provided, that the right to terminate this Agreement pursuant to this Section 7.2 shall not be available to any Party whose breach of any provision of this Agreement results in the failure of the Closing to have occurred by such time.

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!