Outages and Other Limitations Sample Clauses

Outages and Other Limitations. Without limiting its other obligations under this Agreement, Seller shall immediately notify Buyer after obtaining knowledge thereof that Seller is or will be unable to make available or deliver all or part of the Products as contemplated by this Agreement due to an Outage or other limitation, including due to Force Majeure. As soon as practicable, Seller shall notify Buyer of (a) the cause(s) (or if not known, Seller’s best estimate of the cause(s)) of the Outage or other limitation, (b) the proposed corrective action, and (c) Seller’s best estimate of the expected duration of the Outage or other limitation, if any, which shall be based on the best information obtained by Seller. Seller promptly shall notify Buyer of any expected change in the Outage or other limitation and otherwise shall keep Buyer reasonably informed of its progress in overcoming the Outage or other limitation, including providing reports (no less often than weekly) describing actions taken and to be taken to overcome the Outage or other limitation, the schedule for such actions and the expected date for Seller’s resumption of full performance of the obligations affected by the Outage or other limitation. Seller shall give Buyer prompt notice of the time when Seller is reasonably certain that it will be able to, and when it has, overcome its inability to perform any obligation hereunder affected by the Outage or other limitation and resume full performance of its obligations hereunder. Without limiting its other obligations under this Agreement, Seller shall use Commercially Reasonable Efforts to avoid Outages and other limitations limiting the availability or delivery of all or part of the Products and to minimize the duration and effect upon Buyer of any such Outages or other limitations.
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Outages and Other Limitations. Seller shall immediately notify Buyer that Seller is or will be unable to deliver all or part of the Products pursuant to this Agreement due to an Outage or other limitation, including due to Force Majeure. As soon as practicable, Seller shall notify Buyer of the cause(s) of, the proposed corrective action for, and the expected duration of the Outage or other limitation, which shall be based on the best information obtained by Seller. Seller promptly shall notify Buyer of any expected change in the Outage or other limitation and otherwise shall keep Buyer reasonably informed of its progress in overcoming the Outage or other limitation, including providing progress reports no less often than weekly that discuss corrective actions and the schedule for Seller’s resumption of full performance of the affected obligations. Seller shall promptly notify Buyer when Seller resumes full performance of its obligations hereunder. Seller shall use Commercially Reasonable Efforts to avoid Outages and other limitations limiting the availability or delivery of any Product and to minimize the duration and effect upon Buyer of any such Outages or other limitations.
Sample 1

Related to Outages and Other Limitations

  • Fees and Other Charges (a) The Borrower will pay a fee on each outstanding Letter of Credit requested by it, at a per annum rate equal to the Applicable Margin then in effect with respect to Eurocurrency Loans under the Revolving Facility (minus the fronting fee referred to below), on the face amount of such Letter of Credit, which fee shall be shared ratably among the Revolving Lenders and payable quarterly in arrears on each Fee Payment Date after the issuance date; provided that, with respect to any Defaulting Lender, such Lender’s ratable share of any letter of credit fee accrued on the aggregate amount available to be drawn on any outstanding Letters of Credit during the period prior to the time such Lender became a Defaulting Lender and unpaid at such time shall not be payable by the Borrower so long as such Lender shall be a Defaulting Lender except to the extent that such Lender’s ratable share of any letter of credit fee shall otherwise have been due and payable by the Borrower prior to such time; provided further that any Defaulting Lender’s ratable share of any letter of credit fee accrued on the aggregate amount available to be drawn on any outstanding Letters of Credit shall accrue for the account of the Borrower so long as such Lender shall be a Defaulting Lender. In addition, the Borrower shall pay to each Issuing Lender for its own account a fronting fee on the aggregate face amount of all outstanding Letters of Credit issued by it to the Borrower separately agreed to by the Borrower and such Issuing Lender (but in any event not to exceed 0.25% per annum), payable quarterly in arrears on each Fee Payment Date after the issuance date. (b) In addition to the foregoing fees, the Borrower shall pay or reimburse each Issuing Lender for costs and expenses agreed by the Borrower and such Issuing Lender in issuing, negotiating, effecting payment under, amending or otherwise administering any Letter of Credit requested by the Borrower.

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