Common use of Rights of suspension Clause in Contracts

Rights of suspension. (a) Subject to clauses 15.1(b) and 15.1(c), the Multiplex Licensee may suspend this Agreement or the supply of the Multiplex Transmission Service (as the case may be), if in the reasonable opinion of the Multiplex Licensee: (i) the supply of a Multiplex Transmission Service poses: (A) a threat to the life of any person; (B) a danger or hazard (or a threat of danger or hazard) to any person or to equipment or property of any person, including that of the Multiplex Licensee; or (C) an imminent threat to the normal operation, access, integrity or security of the Multiplex Transmission Service; (ii) suspension is necessary to allow the Multiplex Licensee to repair, maintain, service or replace the Multiplex Transmission Service and it is not otherwise feasible to conduct the repair, maintenance, service or replacement of the Multiplex Transmission Service in accordance with the procedures and timeframes set out in the Operational Manual; (iii) the Access Seeker suffers an Insolvency Event; (iv) there is an emergency that requires suspension of the supply of the Multiplex Transmission Service; (v) the continued operation of this Agreement or the supply of the Multiplex Transmission Service would be unlawful; (vi) to the extent necessary for the Multiplex Licensee to comply with an order, instruction or request of a Regulator, an emergency services organisation or any other competent authority; (vii) upon the occurrence of any of the events described in clause 16.1 or 16.2(b) (as the case may be), where the Multiplex Licensee, acting reasonably and having regard to the circumstances, considers that suspension provides a more appropriate course of action than termination; or (viii) the Access Undertaking is suspended pursuant to clause 2.3 of the Access Undertaking. (b) The Multiplex Licensee may only suspend this Agreement or the supply of a Multiplex Transmission Service to the extent necessary to address the reason for the relevant suspension. (c) The Multiplex Licensee must, wherever it is reasonably possible to do so: (i) notify and consult with the Access Seeker prior to the suspension of this Agreement or the Multiplex Transmission Service (as the case may be); and (ii) provide the Access Seeker with a reasonable opportunity to rectify the matter the subject of a suspension notice (or potential suspension notice) prior to suspension of this Agreement or the Multiplex Transmission Service (as the case may be).

Rights of suspension. (a) Subject to clauses 15.1(b13.1(b) and 15.1(c13.1(c), the Multiplex Licensee may suspend this Agreement or the supply power down or suspend all or part of the Multiplex Transmission Service (as the case may be), if in the reasonable opinion of the Multiplex Licensee: (i) the supply of a Multiplex Transmission Service poses: (A) a threat to the life of any person; (B) a danger or hazard (or a threat of danger or hazard) to any person or to equipment or property of any person, including that of the Multiplex Licensee; or (C) an imminent threat to the normal operation, access, integrity or security of the Multiplex Transmission Service; (ii) powering down or suspension of the Multiplex Transmission Service is necessary to allow the Multiplex Licensee to repair, maintain, service or replace the Multiplex Transmission Service and it is not otherwise feasible to conduct the repair, maintenance, service or replacement of the Multiplex Transmission Service without powering down or suspending the Multiplex Transmission Service, or otherwise in accordance with the procedures and timeframes set out in the Operational Manual; (iii) powering down or suspension of the Multiplex Transmission Service is necessary to allow the owner, operator or other tenant of a site on which all part of the Multiplex Transmission Service is supplied to access, pass through or perform works on or near, that site and it is not otherwise feasible to do so without powering down or suspending the Multiplex Transmission Service; (iv) subject to any applicable legal restrictions on suspension, the Access Seeker suffers an Insolvency Event; (ivv) there is an emergency that requires suspension of the supply of the Multiplex Transmission Service; (vvi) the continued operation of this Agreement or the supply of the Multiplex Transmission Service would be unlawful; (vivii) to the extent necessary for the Multiplex Licensee to comply with an order, instruction or request of a Regulator, an emergency services organisation or any other competent authority; (viiviii) upon the occurrence of any of the events described in clause 16.1 14.1 or 16.2(b14.2(b) (as the case may be), where the Multiplex Licensee, acting reasonably and having regard to the circumstances, considers that suspension provides a more appropriate course of action than termination; or (viiiix) the Access Undertaking is suspended pursuant to clause 2.3 of the Access Undertaking. (b) The Multiplex Licensee may only suspend this Agreement Agreement, or power down or suspend the supply of a Multiplex Transmission Service Service, to the extent necessary to address the reason for the relevant suspension and will select the option (powering down or suspension) that represents the most proportionate response in the applicable circumstances. (c) The Multiplex Licensee must, wherever it is reasonably possible to do so: (i) notify and consult with the Access Seeker prior to the suspension of this Agreement or the powering down or suspension of the Multiplex Transmission Service (as the case may be); and (ii) provide the Access Seeker with a reasonable opportunity to rectify the matter the subject of a suspension notice (or potential suspension notice) prior to suspension of this Agreement or the powering down or suspension of the Multiplex Transmission Service (as the case may be).

Rights of suspension. (a) Subject to clauses 15.1(b) and 15.1(c), the Multiplex Licensee may suspend this Agreement or the supply power down or suspend all or part of the Multiplex Transmission Service (as the case may be), if in the reasonable opinion of the Multiplex Licensee: (i) the supply of a Multiplex Transmission Service poses: (A) a threat to the life of any person; (B) a danger or hazard (or a threat of danger or hazard) to any person or to equipment or property of any person, including that of the Multiplex Licensee; or (C) an imminent threat to the normal operation, access, integrity or security of the Multiplex Transmission Service; (ii) powering down or suspension of the Multiplex Transmission Service is necessary to allow the Multiplex Licensee to repair, maintain, service or replace the Multiplex Transmission Service and it is not otherwise feasible to conduct the repair, maintenance, service or replacement of the Multiplex Transmission Service without powering down or suspending the Multiplex Transmission Service, or otherwise in accordance with the procedures and timeframes set out in the Operational Manual; (iii) powering down or suspension of the Multiplex Transmission Service is necessary to allow the owner, operator or other tenant of a site on which all part of the Multiplex Transmission Service is supplied to access, pass through or perform works on or near, that site and it is not otherwise feasible to do so without powering down or suspending the Multiplex Transmission Service; (iv) the Access Seeker suffers an Insolvency Event; (ivv) there is an emergency that requires suspension of the supply of the Multiplex Transmission Service; (vvi) the continued operation of this Agreement or the supply of the Multiplex Transmission Service would be unlawful; (vivii) to the extent necessary for the Multiplex Licensee to comply with an order, instruction or request of a Regulator, an emergency services organisation or any other competent authority; (viiviii) upon the occurrence of any of the events described in clause 16.1 or 16.2(b) (as the case may be), where the Multiplex Licensee, acting reasonably and having regard to the circumstances, considers that suspension provides a more appropriate course of action than termination; or (viiiix) the Access Undertaking is suspended pursuant to clause 2.3 of the Access Undertaking. (b) The Multiplex Licensee may only suspend this Agreement Agreement, or power down or suspend the supply of a Multiplex Transmission Service Service, to the extent necessary to address the reason for the relevant suspension. (c) The Multiplex Licensee must, wherever it is reasonably possible to do so: (i) notify and consult with the Access Seeker prior to the suspension of this Agreement or the powering down or suspension of the Multiplex Transmission Service (as the case may be); and (ii) provide the Access Seeker with a reasonable opportunity to rectify the matter the subject of a suspension notice (or potential suspension notice) prior to suspension of this Agreement or the powering down or suspension of the Multiplex Transmission Service (as the case may be).