Partial Discontinuance Clause Samples
The Partial Discontinuance clause allows one or more parties to withdraw from specific parts of a legal action or claim while leaving the remainder of the case ongoing. In practice, this means that a plaintiff or defendant can discontinue certain claims, issues, or parties from the proceedings without ending the entire lawsuit. This clause is useful for streamlining litigation, focusing on the most relevant disputes, and potentially reducing costs or complexity by removing resolved or unnecessary elements from the case.
Partial Discontinuance. In the event that SEARHC determines that continuing to provide all or substantially all of the inpatient, long-term care, or ambulatory health care services it then provides in Sitka, Alaska, is not feasible or desirable for any reason, including but not limited to a decision to sell or otherwise dispose of SEARHC’s interest in all or substantially all of the inpatient, long-term care, or ambulatory health care services it provides in Sitka, Alaska, SEARHC shall provide notice to the City of SEARHC’s intent to discontinue such services, and shall afford the City the right to acquire such health care services upon terms to be negotiated between the Parties. If within ninety (90) days following the notice from SEARHC the City and SEARHC do not enter into a letter of intent with binding provisions related to (i) the method for establishing the financial aspects of the transaction and (ii) the structure of and closing date of the transaction pursuant to which the City will acquire such health care services from SEARHC, then SEARHC’s obligations under this Section 6.21 shall expire.
Partial Discontinuance. (a) WLP may discontinue without liability to SITA (including for any pass through charges permitted hereunder or Access Provider discontinuance charges) except for charges (less any applicable credits) for such Service(s) or Service Component(s) incurred prior to, and remaining unpaid as of, the effective date of such discontinuance:
(i) immediately upon written notice to SITA where particular Services or Service Components may be discontinued by WLP without liability as is permitted by this Agreement, including under Section 2.6 (Redesigns and Modifications to the Network),Section 2.14(b)(viii) (Contingency and Recovery),Section 11.3 (Performance Times) (subject to WLP’s obligation to pay amounts as set forth in Section 11.3) and Section 15.19 (Tariffs); or
(ii) Upon 30 days prior written notice to SITA, if SITA files tariff revisions (or the equivalent) that would materially and adversely affect the prices, terms or conditions under which WLP is offered the Services and if SITA is unable to provide WLP with a credit to be applied against Charges applicable to the Services in a jurisdiction in which SITA is permitted to offer the Services under a customer-specific contract, which credit shall be equal to the difference between the tariff rates and those set forth in this Agreement.
(b) In the event of a partial discontinuance under this Section 14.3, the Preferred Provider Commitment shall be reduced in accordance with Section 2.3 (Preferred Provider Commitment).
Partial Discontinuance. “Partial means Customer’s discontinuance of certain Services, as described in Section 12.3 hereof
Partial Discontinuance. Independent of Newco’s rights to terminate this MSA under Article 10, Newco may discontinue components of the Base Services pursuant to Subsection 10.12(b) below, provided that such Subsection shall not be construed to allow Newco to discontinue components that are subject to a termination right under
Partial Discontinuance. Independent of Customers other rights to terminate this Attachment, Customer may terminate, without penalty or the obligation to pay any previously waived deletion charge, all Services at a Customer or User’s location at which
(i) PVC Availability for a material number of the PVCs at such location falls below ninety-nine and nine-tenths percent (99.9%) during any month;
(ii) the Service is the subject of an unexcused delay in installation of more than twenty (20) days at such location and Customer cancels its order; or
(iii) the Service is the subject of an excusable unavailability for a period of more than thirty (30) days. In the event that Customer discontinues the Service at one (1) or more locations pursuant to this Paragraph 13.C. (Partial Discontinuance), if Customer is unable to meet the MARC after the occurrence of any such partial discontinuance, the Covered Charges that AT&T would have assessed at such locations had the Service not been discontinued shall be counted towards the MARC and the discount tiers for any applicable volume discounts.