Restoration Time Sample Clauses

Restoration Time. (1) Within fifteen (15) days from the date of any fire or casualty, the Landlord shall obtain from any reputable A.I.A. architect, a certification certifying in his/her opinion the time within which the Leased Property and the reasonable access thereto can be restored and reconstructed under standard building conditions (hereinafter called the “Restoration Time”). Landlord shall deliver such certification to the Tenant, and in the event the damages be so substantial the Leased Property cannot be restored within one hundred twenty (120) days from the date of Landlord’s receipt of the insurance proceeds, from such fire or casualty, based on the certified Restoration Time hereinabove referred to, then, in that event, either the Landlord or the Tenant shall have the right (a) within thirty (30) days after receipt of such notice to advise the other that it elects to terminate the Lease; or (b) that it requires Landlord to prosecute restoration of the Leased Property in the manner hereinafter provided. In the event the Landlord or Tenant shall elect to terminate the Lease, Tenant shall surrender the Leased Property forthwith provided that is shall continue to pay pro rata net annual Base Rent and additional rent for any portion of the Leased Property which it continues to occupy and conduct business from pending such surrender of the Leased Property.
Sample 1
AutoNDA by SimpleDocs
Restoration Time. ‌ The restoration time commences when a fault report is received and ends when functionality has been restored. Functionality is deemed to have been restored when the connected systems are able to operate and the service is available again. The restoration time cannot be guaranteed. The support organisation attempts, following an initial analysis, to make a qualified statement about the expected restoration time.
Sample 1Sample 2
Restoration Time. Is the total period of time taken for Response, Triage, Intervention and Resolution Incidents are mutually exclusive; i.e. any one event which could potentially fall within the definition of more than one incident will only be counted as one incident, with the highest applicable Severity level. DrDoctor will respond and resolve incidents within a fault resolution process. The following time periods will apply, depending on the severity of the incident and Support level agreed: 24-hour support can be provided for an additional fee, however this will only apply to Severity Level 1 & 2 issues Should a viable interim solution be available that restores Service or alleviates immediate concern, this will be deemed as resolved and a root cause fix will be prioritised as a Severity Level 5 issue Any material delays from the Customer in providing information essential to the investigation or restoration of a Service Failure will constitute a ‘clock stop’ for the timing of that issue The resolution of the fault is reported to and agreed by the Customer. The successful resolution of a fault is documented by DrDoctor. Once this has been completed, the fault resolution process is complete. DrDoctor will measure the availability of the Service; it will be measured against a target of 99.9% in a 12 month period. DrDoctor will monitor the availability of the system and shall provide the results of such monitoring to the Customer via a monthly service report. Availability will be measured in accordance with the following formula: The Service will tolerate hardware failure and must maintain data integrity and remain operational in the eventuality of the loss of one of the hardware server hardware nodes with minimal interruption in alignment with agreed availability targets.
Sample 1
Restoration Time. Time between the moment a ticket is issued and the moment the selected tenderer informs by mail or fax that the service is fully restored (operational). A service can only be considered as operational if the link between the LCE and the NTE (LNI) is seen as “up” by the LCE on each side of the link, and that traffic can flow over the link. This does not take into account the time needed to do any operation on the part of the Institution in order to restore the traffic flow. Call back time: Time between the moment a ticket is issued and the first call back from the selected tenderer to the Institution. The first call-back should acknowledge the incident; give a first level diagnostic and an estimate of the time at which the service will be restored. Delivery time: Time between the moment of reception of an official and duly completed order form and the moment the service is ready to be used by the Institution. A duly completed form must bear the signature of the two parties (cf. Ordering process). Normal Working Hour (NWH): From Monday to Friday, 8H00 – 19H00.
Sample 1
Restoration Time the time interval from when the Customer notifies the TOMIA GSOC about a problem, until a workaround is established.
Sample 1
Restoration Time. Landlord's good faith estimation of the ---------------- period of time to repair all damage and destruction to the Premises other than damage to Tenant's trade fixtures, equipment, merchandise, Tenant Improvements or other Alterations, including the estimated period of time to obtain insurance proceeds and all governmental permits necessary to perform such repairs, is herein called the "Estimated Restoration Time." Landlord's determination of the Estimated Restoration Time shall be made in good faith and shall be conclusive for purposes of this Paragraph 15.
Sample 1
Restoration Time. The Restoration Time is defined as the time interval between reporting and resolution of the Incident. The agreed functionality of the affected Service shall be restored within the Service Level for the Restoration Time. Planned Downtime: Planned down time is the time period within Service Time during which Service is not available due to maintenance work. Time window for the maintenance work is to be mutually agreed between Exponentia and Customer in advance. If Planned Downtime is exceeding agreed time window, the Planned Downtime shall be immediately requalified as Unplanned Downtime. Incident: Any unplanned interruption to the Service or reduction in the quality of the service. Service Time: The Service Time is defined as the time period within which Exponentia provides its agreed Services in accordance with the agreed Service Levels. Incidents occurring in the respective Services are corrected as per the Service Time.
Sample 1
AutoNDA by SimpleDocs
Restoration Time. The restoration time is the period within the down time from when an incident is initiated (including automatic opening) up to elimination of the incident or provision of an appropriate workaround. The closure of an incident is subject to the following conditions:  xxxxx informs the customer about the successful elimination of the incident (also in an automated manner).  The restoration is suspended from the point when xxxxx notifies the customer of the elimination of the incident.  If the elimination of the incident is confirmed by the customer, the incident will be deemed closed.  If, within 14 days after xxxxx has notified the customer of the elimination of the incident, the customer declares that the incident - contrary to xxxxx' notification - has not been eliminated from the customer's point of view, the restoration time shall continue from the date of receipt of the customer's declaration.  If, within a period of 14 days after xxxxx has notified the customer of the elimination of the incident, the customer neither confirms the elimination of the incident nor declares that the incident has not been eliminated, the incident will be deemed eliminated by xxxxx.
Sample 1
Restoration Time. 3.4.1 Restoration time for services in the availability categories "NR" and "HR" The following times are specified during administrative hours for restoration of an undisturbed operating status for services in the availability categories "NR" and "HR": Incident priority 1 2 3 4 Restoration time ≤ 8 hours ≤ 16 hours ≤ 9 work days* ≤ 21 work days*
Sample 1

Related to Restoration Time

  • Completion Time The Consultant must complete the services and deliverable for this task in accordance with whichever one of the following time is marked: On or before the following date: . On or before Business Days from .

  • Vacation Time After the Trial Period is complete, the Employee is entitled to days off per year of which is required to be mutually benefiting of the Employer and the Employee. It is required for the Employee to give notice before scheduling their vacation in accordance with Company policy.

  • Expiration Time The Valuation Time Expiration Dates: Each Scheduled Trading Day during the period from, and including, the First Expiration Date to, but excluding, the 100th Scheduled Trading Day following the First Expiration Date shall be an “Expiration Date” for a number of Warrants equal to the Daily Number of Warrants on such date; provided that, notwithstanding anything to the contrary in the Equity Definitions, if any such date is a Disrupted Day, the Calculation Agent shall make adjustments, if applicable, to the Daily Number of Warrants or shall reduce such Daily Number of Warrants to zero for which such day shall be an Expiration Date and shall designate a Scheduled Trading Day or a number of Scheduled Trading Days as the Expiration Date(s) for the remaining Daily Number of Warrants or a portion thereof for the originally scheduled Expiration Date; and provided further that if such Expiration Date has not occurred pursuant to this clause as of the eighth Scheduled Trading Day following the last scheduled Expiration Date under the Transaction, such Scheduled Trading Day shall be deemed to be the final Expiration Date and the Calculation Agent shall determine its good faith estimate of the fair market value for the Shares as of the Valuation Time on that eighth Scheduled Trading Day or on any subsequent Scheduled Trading Day, as the Calculation Agent shall determine using commercially reasonable means. First Expiration Date: September 15, 2027 (or if such day is not a Scheduled Trading Day, the next following Scheduled Trading Day), subject to Market Disruption Event below.

  • Restoration The following provisions shall apply in connection with the Restoration of any Property or Properties affected by a Casualty: (a) If the Net Proceeds reasonably expected to be received in connection with any single Casualty event is less than the Casualty Threshold Amount, then, (i) if no Event of Default shall have occurred and be continuing and, within sixty (60) days of the date of the occurrence of such Casualty, Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration of the affected Properties in accordance with the terms of this Agreement, then (A) if Net Proceeds are paid by the insurance company directly to Borrower subsequent to delivering such undertaking, such Net Proceeds may be retained by Borrower (for the avoidance of doubt, Net Proceeds received by Borrower prior to delivering such undertaking shall be immediately paid to Lender as required by Section 5.2), (B) if Net Proceeds are paid by the insurance company to Lender, such Net Proceeds will be disbursed by Lender to Borrower and (C) Borrower shall conduct the Restoration of the affected Properties in accordance with the terms of Section 5.4(c) and (ii) if an Event of Default shall have occurred and be continuing or Borrower fails to deliver such an undertaking to Lender, then (A) Lender may retain any Net Proceeds received by it, (B) Borrower shall immediately deliver to Lender any Net Proceeds paid to Borrower as required by Section 5.2, (C) such Net Proceeds shall be applied to the prepayment of the Debt in accordance with Section 2.4.3(c), (D) Borrower shall prepay the Loan in an amount equal to the positive difference between such Net Proceeds and the Allocated Loan Amount for the affected Properties, together with all interest and other amounts required to be paid in connection therewith under Section 2.4.5, and (E) following Borrower’s written request and receipt by Lender of the Net Proceeds and payment by Borrower of the amounts set forth in clause (D) above, Lender shall release the affected Properties from the applicable Mortgage Documents and related Liens, provided, that (x) Borrower has delivered to Lender draft releases (and, in the event any of the Mortgages and the Assignments of Leases and Rents applicable to any of the affected Properties encumber other Property(ies) in addition to the affected Properties, such release shall be a partial release that relates only to the affected Property(ies) and does not affect the Liens and security interests encumbering or on the other Property(ies)) in form and substance appropriate for the jurisdiction in which such affected Properties are located and shall contain standard provisions protecting the rights of Lender and (y) Borrower shall pay all costs, taxes and expenses associated with such release (including, without limitation, cost to file and record the release and Lender’s reasonable attorneys’ fees). (b) If the Net Proceeds reasonably expected to be received in connection with any single Casualty event is greater than the Casualty Threshold Amount, then, (i) if no Event of Default shall have occurred and be continuing and, within sixty (60) days of the date of the occurrence of such Casualty, Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration of the affected Properties in accordance with the terms of this Agreement, then (A) Borrower shall immediately deliver to Lender any Net Proceeds paid to Borrower as required by Section 5.2 and (B) Borrower shall conduct the Restoration of the affected Properties in accordance with the terms of and subject to the conditions of Section 5.4(d) and (ii) if an Event of Default shall have occurred and be continuing or Borrower fails to deliver such an undertaking to Lender, then (A) Lender may retain any Net Proceeds received by it, (B) Borrower shall immediately deliver to Lender any Net Proceeds paid to Borrower as required by Section 5.2, (C) such Net Proceeds shall be applied to the prepayment of the Debt in accordance with Section 2.4.3(c), (D) Borrower shall prepay the Loan in an amount equal to the positive difference between such Net Proceeds and the Allocated Loan Amount for the affected Properties, together with all interest and other amounts required to be paid in connection therewith under Section 2.4.5, and (E) following Borrower’s written request and receipt by Lender of the Net Proceeds and payment by Borrower of the amounts set forth in clause (D) above, Lender shall release the affected Properties from the applicable Mortgage Documents and related Liens, provided, that (x) Borrower has delivered to Lender draft releases (and, in the event any of the Mortgages and the Assignments of Leases and Rents applicable to any of the affected Properties encumber other Property(ies) in addition to the affected Properties, such release shall be a partial release that relates only to the affected Property(ies) and does not affect the Liens and security interests encumbering or on the other Property(ies)) in form and substance appropriate for the jurisdiction in which such affected Properties are located and shall contain standard provisions protecting the rights of Lender and (y) Borrower shall pay all costs, taxes and expenses associated with such release (including, without limitation, cost to file and record the release and Lender’s reasonable attorneys’ fees). (c) If Borrower elects to undertake the Restoration of a Property or Properties pursuant to Section 5.4(a), (i) Borrower shall commence the Restoration as soon as reasonably practicable (but in no event later than ninety (90) days after such Casualty occurs) and shall diligently pursue the same to satisfactory completion; (ii) Borrower shall cause the affected Property and the use thereof after the Restoration to be in compliance with and permitted under all applicable Legal Requirements and such Property, after Restoration, shall be of the same character as prior to such damage or destruction; (iii) the Restoration shall be done and completed by Borrower in an expeditious and diligent fashion and in compliance with all applicable Legal Requirements and the Renovation Standards and (iv) Borrower shall deliver, or cause to be delivered, to Lender a signed detailed budget approved in writing by Borrower’s architect or engineer stating the entire cost of completing the Restoration, which budget shall be reasonably acceptable to Lender. (d) If Borrower elects to undertake the Restoration of a Property or Properties pursuant to Section 5.4(b), the following provisions shall apply: (i) the Net Proceeds shall be made available to Borrower for Restoration upon the determination of Lender that the following conditions are met: (i) Borrower shall commence the Restoration as soon as reasonably practicable (but in no event later than ninety (90) days after such Casualty occurs) and shall diligently pursue the same to satisfactory completion; (ii) Lender shall be satisfied that any operating deficits, including all scheduled payments of principal and interest under the Note, which will be incurred with respect to the Properties as a result of the occurrence of the Casualty, whichever the case may be, will be covered out of (1) the Net Proceeds, (2) the insurance coverage referred to in Section 5.1.1 (a) (ii), if applicable, or (3) by other funds of Borrower; (iii) Lender shall be satisfied that the Restoration will be completed on or before the earliest to occur of (1) the date six (6) months prior to the Stated Maturity Date, as extended pursuant to Section 2.7, (2) the earliest date required for such completion under the terms of any Lease, (3) such time as may be required under applicable Legal Requirements or (4) six (6) months prior to the expiration of the insurance coverage referred to in Section 5.1.1 (a) (ii); (iv) Borrower shall cause the affected Property and the use thereof after the Restoration to be in compliance with and permitted under all applicable Legal Requirements and such Property, after Restoration, shall be of the same character as prior to such damage or destruction; (v) the Restoration shall be done and completed by Borrower in an expeditious and diligent fashion and in compliance with all applicable Legal Requirements and the Renovation Standards; (vi) Borrower shall deliver, or cause to be delivered, to Lender a signed detailed budget approved in writing by Borrower’s architect or engineer stating the entire cost of completing the Restoration, which budget shall be reasonably acceptable to Lender and (vii) the Net Proceeds together with any cash or cash equivalent deposited by Borrower with Lender are sufficient in Lender’s discretion to cover the cost of the Restoration. (ii) The Net Proceeds shall be held by Lender in the Casualty and Condemnation Account and, until disbursed in accordance with the provisions of this Section 5.4(d), shall constitute additional security for the Debt and other obligations under the Loan Documents. The Net Proceeds shall be disbursed by Lender to, or as directed by, Borrower from time to time during the course of the Restoration, upon receipt of evidence satisfactory to Lender that (A) all materials installed and work and labor performed (except to the extent that they are to be paid for out of the requested disbursement) in connection with the Restoration have been paid for in full, and (B) there exist no notices of pendency, stop orders, mechanic’s or materialman’s liens or notices of intention to file same, or any other liens or encumbrances of any nature whatsoever on the Properties which have been fully bonded to the satisfaction of Lender and discharged of record or in the alternative fully insured to the satisfaction of Lender by the title company issuing the Title Insurance Policy. (iii) All plans and specifications required in connection with the Restoration shall be subject to the prior approval of Lender and an independent consulting engineer selected by Lender (the “Casualty Consultant”). Lender shall have the use of the plans and specifications and all permits, licenses and approvals required or obtained in connection with the Restoration. The identity of the contractors, subcontractors and materialmen engaged in the Restoration, as well as the contracts under which they have been engaged, shall be subject to the approval of Lender and the Casualty Consultant. All costs and expenses incurred by Lender in connection with recovering, holding and advancing the Net Proceeds for the Restoration including, without limitation, reasonable attorneys’ fees and disbursements and the Casualty Consultant’s fees and disbursements, shall be paid by Borrower. (iv) In no event shall Lender be obligated to make disbursements of the Net Proceeds in excess of an amount equal to the costs actually incurred from time to time for work in place as part of the Restoration, as certified by the Casualty Consultant, less the Casualty Retainage. The term “Casualty Retainage” shall mean, as to each contractor, subcontractor or materialman engaged in the Restoration, an amount equal to ten percent (10%) of the costs actually incurred for work in place as part of the Restoration, as certified by the Casualty Consultant, until the Restoration has been completed. The Casualty Retainage shall in no event, and notwithstanding anything to the contrary set forth above in this Section 5.4(d), be less than the amount actually held back by Borrower from contractors, subcontractors and materialmen engaged in the Restoration. The Casualty Retainage shall not be released until the Casualty Consultant certifies to Lender that the Restoration has been completed in accordance with the provisions of this Section 5.4(b) and that all approvals necessary for the re-occupancy and use of the Property have been obtained from all appropriate Governmental Authorities, and Lender receives evidence satisfactory to Lender that the costs of the Restoration have been paid in full or will be paid in full out of the Casualty Retainage; provided, however, that Lender will release the portion of the Casualty Retainage being held with respect to any contractor, subcontractor or materialman engaged in the Restoration as of the date upon which (x) the Casualty Consultant certifies to Lender that such contractor, subcontractor or materialman has satisfactorily completed all work and has supplied all materials in accordance with the provisions of such contractor’s, subcontractor’s or materialman’s contract, (y) the contractor, subcontractor or materialman delivers the lien waivers and evidence of payment in full of all sums due to the contractor, subcontractor or materialman as may be reasonably requested by Lender or by the title company issuing the Title Insurance Policy, and (z) Lender receives an endorsement to the Title Insurance Policy insuring the continued priority of the Lien of the Mortgage and evidence of payment of any premium payable for such endorsement. If required by Lender, the release of any such portion of the Casualty Retainage shall be approved by the surety company, if any, which has issued a payment or performance bond with respect to the contractor, subcontractor or materialman.

  • Valuation Time At the close of trading of the regular trading session on the Exchange; provided that if the principal trading session is extended, the Calculation Agent shall determine the Valuation Time in its reasonable discretion.

  • Capital Account Restoration No Limited Partner shall have any obligation to restore any negative balance in its Capital Account upon liquidation of the Partnership. The General Partner shall be obligated to restore any negative balance in its Capital Account upon liquidation of its interest in the Partnership by the end of the taxable year of the Partnership during which such liquidation occurs, or, if later, within 90 days after the date of such liquidation.

  • Execution Time At the Execution Time, the Statutory Prospectus, each road show when taken together as a whole with the Statutory Prospectus, and any individual Written Testing-the-Waters Communication (as defined below), when taken together as a whole with the Statutory Prospectus, does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided, however, that the Company makes no representations or warranties as to the information contained in or omitted from the Statutory Prospectus in reliance upon and in conformity with information furnished in writing to the Company by or on behalf of any Underwriter through the Representative specifically for inclusion in the Statutory Prospectus, it being understood and agreed that the only such information furnished by or on behalf of any Underwriter consists of the information described as such in Section 8(b) hereof.

  • Notice; Restoration Borrower shall promptly give Lender notice of the actual or threatened commencement of any condemnation or eminent domain proceeding affecting the Property (a “Condemnation”) and shall deliver to Lender copies of any and all papers served in connection with such Condemnation. Following the occurrence of a Condemnation, Borrower, regardless of whether an Award is available, shall promptly proceed to restore, repair, replace or rebuild the Property in accordance with Legal Requirements to the extent practicable to be of at least equal value and of substantially the same character (and to have the same utility) as prior to such Condemnation.

  • Wash-Up Time 37.01 Where the Employer determines there is a clear-cut need, wash-up time, to a maximum of ten (10) minutes immediately before the end of a work period, will be permitted.

  • Preparation Time 1. Each full-time elementary teacher shall receive 100 minutes of preparation time per week scheduled in accordance with the Previous Collective Agreement. 2. Effective June 30, 2019, each full-time elementary teacher shall receive 110 minutes of preparation time per week scheduled in accordance with the Previous Collective Agreement. 3. Preparation time for part time teachers shall be provided in accordance with the Previous Collective Agreement.

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