Operations Shutdown. If the System is shut down due to mechanical, software, or Motivate delay or error for longer than eight (8) continuous hours, Motivate will pay the City Liquidated Damages in the amount of 1/12th of the Operations Fee for the previous month for each eight (8) hours of the occurrence. In addition, after more than three (3) instances of any shut down lasting more than two (2) hours each during a calendar year, Motivate will pay the City Liquated Damages of 1/12th of the Operations Fee for the previous month.
Operations Shutdown. 16.7.1 When for reasons beyond its control (snow storm, power failure, flood, etc.) or other emergency situations, the Company decides to shut down its operations, any employee who is at work as usual and is sent home will receive full payment for all hours worked or hours on stand- by within his department, at the applicable rate, plus half pay for all hours lost between the time of the decision to close operations and the end of any regular or special shift in effect at the time of the occurrence.
Operations Shutdown. 9 B. Should COUNTY be forced to completely shut down its operations within the Premises due to LESSOR’s failure to provide Services required by this Clause 9 for a period of three (3) consecutive 10 days, excluding weekends and holidays, and subject to the provisions of Section 4 of the General 11 Conditions to this Lease, LESSOR shall be obligated to pay a penalty to COUNTY of Two Hundred 12 Dollars ($200) per day. Should LESSOR’s obligation to pay a penalty arise as a result of a shut down due to LESSOR’s failure to provide said Services as set forth herein, LESSOR shall pay 13 COUNTY within thirty (30) days of written notice. Should LESSOR fail to pay COUNTY within 14 thirty (30) days, COUNTY may deduct the amount of the penalty from any Monthly Rent payable 15 without further notice.”
Operations Shutdown. Should County be forced to completely shut down its operations within the Premises and/or Building due to a failure to provide Services or Emergency Services required by this Clause 19 which failure is within the reasonable control of Lessor, then if such failure continues for a period of two (2) consecutive business days, excluding weekends and holidays, County, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the third (3rd) consecutive business day of such failure and ending on the day the Services or Emergency Services have been provided and County may reestablish use of the Premises and/or Building. The County shall then have the option, in the County’s sole discretion, to continue with abatement of Rent until the County reestablishes use of the Premises. Notwithstanding anything in this Lease to the contrary, and with the exception of rent abatement as expressly set forth in this Lease, Lessor shall not be responsible for, and to the extent permitted by law, the County releases and discharges Lessor from, and to the extent permitted by law, the County further waives any right of recovery from Lessor for, any loss of revenue or profits for or from business interruption due to said operational shutdown or otherwise, or loss of use of the Premises suffered by the County in connection with the County’s use or occupancy of the Premises.
Operations Shutdown. Should County be forced to completely shut down its operations within the Premises and/or Building due to Lessor’s failure to provide Services or Emergency Services required by this Clause 15 for a period of twenty four (24) consecutive hours, excluding weekends and holidays, Lessor shall be responsible for the actual cost to County of such shutdown and for replacement premises as necessary due to such shutdown and County shall not be responsible for Rent for the period of the operations shut down. Should County incur costs as a result of a shut down due to Lessor’s failure to provide said Services and as set forth herein, Lessor shall reimburse County for said costs within thirty
Operations Shutdown. Should County be forced to completely shut down its operations within the Premises and/or Building due to Lessor’s failure to provide Services or Emergency Services required by this Clause 19 for a period of twenty four (24) consecutive hours, , Lessor shall be responsible for the actual cost to County of such shutdown and for replacement premises as necessary due to such shutdown; provided, however that Lessor shall not be liable for such costs so long as Lessor is diligently pursuing a cure and Rent shall xxxxx hereunder until Lessor provides the Services or Emergency Services required by this Clause 19. Should Lessor be liable for the County’s incurred costs as a result of a shut down due to Lessor’s failure to provide said Services and as set forth herein, Lessor shall reimburse County for said costs within thirty (30) days of written notice which shall include written documentation of said costs. Should Lessor fail to reimburse County within thirty (30) days, County may deduct the amount of the costs and/or replacement premises from any Rent payable without further notice.
Operations Shutdown. Should County be forced to completely shut down its operations within the Premises and/or Building due to Lessor’s failure to provide Services or Emergency Services required by this Clause 19 for a period of twenty four (24) consecutive hours, excluding weekends and holidays, Lessor shall be responsible for the actual cost to County of such shutdown and for replacement premises as necessary due to such shutdown. Should County incur costs as a result of a shut down due to Lessor’s failure to provide said Services and as set forth herein, Lessor shall reimburse County for said costs within thirty (30) days of written notice which shall include written documentation of said costs. Should Lessor fail to reimburse County within thirty (30) days, County may deduct the amount of the costs and/or replacement premises from any Rent payable without further notice.
Operations Shutdown. Should COUNTY be forced into a Complete Shutdown of its operations within the Premises and/or Building due to LESSOR’s failure to provide Services or Emergency Services required by this Clause 19 and said LESSOR failure is not a result of Force Xxxxxx (as defined in Clause 35 (FORCE XXXXXX)) or COUNTY’s gross negligence and/or willful misconduct and the Complete Shutdown is for a period of seventy- two (72) consecutive hours, excluding weekends and holidays, then LESSOR shall be responsible for the actual cost to COUNTY of such shutdown and for replacement premises as necessary due to such Complete Shutdown. “Complete Shutdown” is defined as COUNTY’s uses of the Premises, defined in Clause 39 (USE), has become impracticable due to unworkable state of the Premises.”
Operations Shutdown. Should COUNTY be forced to completely shut down its operations 32 within the Premises and/or Building due to LESSOR’s failure to provide Services or Emergency 33 Services required by this Clause 13 for a period of twenty four (24) consecutive hours, excluding 34 weekends and holidays, LESSOR shall be responsible for the actual cost to COUNTY of such shutdown and for replacement premises as necessary due to such shutdown. Should COUNTY 35 incur costs as a result of a shut down due to LESSOR’s failure to provide said Services and as set 36 forth herein, LESSOR shall reimburse COUNTY for said costs within thirty (30) days of written 37 1 notice which shall include written documentation of said costs. Should LESSOR fail to reimburse COUNTY within thirty (30) days, COUNTY may deduct the amount of the costs and/or 2 replacement premises from any Rent payable without further notice. 4 Replaces REPAIR, MAINTENANCE, AND JANITORIAL SERVICES (5.1 S) 5 6 LESSOR shall provide at its own cost and expense all repair, maintenance, (including fire extinguishers), 7 and janitorial supplies and services to Premises, including but not limited to the repair, maintenance, and 8 replacement as necessary, of the Heating, Ventilation, Air Conditioning (“HVAC”) system. 9 10 During all operating hours the HVAC system serving the Premises shall be capable of maintaining the
