Situations Beyond FairPoint’s Control Sample Clauses

Situations Beyond FairPoint’s Control. The third ground for filing an Exception relates to situations beyond FairPoint NNE’s control that negatively affect its ability to meet measures with benchmark standards. The performance requirements dictated by benchmark standards establish the quality of service under normal operating conditions, and do not necessarily establish the level of performance to be achieved during periods of emergency, catastrophe, natural disaster, severe storms, work stoppage, or other Force Majeure events beyond FairPoint NNE’s control. FairPoint NNE may petition the Commission/Board for a waiver of specific performance results for benchmark metrics if FairPoint NNE’s performance results do not meet the specific standard. Any Exception petition pursuant to this provision shall clearly and convincingly demonstrate the extraordinary nature of the circumstances involved, the impact the circumstances had on FairPoint NNE’s wholesale service quality, why FairPoint NNE’s normal, reasonable preparations for abnormal situations may have proved inadequate, and the specific dates FairPoint’s service performance was adversely affected by the event. The petition shall also include an analysis for informational purposes of the extent to which the parity metrics (retail and wholesale) also were affected by the subject event. FairPoint’s petition must be filed within 21 calendar days from the date the monthly data is reported. CLECs and other interested parties may file an initial reply to the petition within 21 calendar days of the filing. The Commission/Board shall endeavor to issue its ruling within 90 calendar days of the petition filing date. The Commission/Board shall determine which, if any, of the daily and monthly results should be adjusted in light of the extraordinary event cited, and will have full discretion to consider all available evidence submitted. Insufficient filings may be dismissed for failure to make a prima facie showing that relief is justified.
Sample 1
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Related to Situations Beyond FairPoint’s Control

  • Department’s Contract Manager The Department’s Contract Manager, who is primarily responsible for the Department’s oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department’s Contract Manager Name Department’s Name Department’s Physical Address Department’s Telephone # Department’s Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract.

  • Causes Beyond Control Neither party of this contract shall be held responsible for delay or default caused by fire, riot, acts of God, sovereign, public enemy, and/or war which is beyond that party's control. The STATE may terminate this contract upon written notice after determining such delay or default will reasonably prevent successful performance of the contract. In the event a cause or causes beyond control impact this contract, the STATE may grant a reasonable extension of time and shall not additionally compensate the PURCHASER.

  • Events Beyond Our Control If an Event Beyond Our Control occurs and prevents Us from performing any of Our obligations under this Contract to any extent, then We are not required to perform that obligation to the extent and for as long as We are prevented by that Event Beyond Our Control. If such an Event Beyond Our Control occurs and We consider it appropriate to do so, We may notify You of the Event Beyond Our Control by any reasonable means, including by a public announcement.

  • Infection Control Consistent with the Centers for Disease Control and Prevention Guideline for Infection Control in Health Care Personnel, and University Policy 3364-109-EH-603, the parties agree that all bargaining unit employees who come in contact with patients in the hospital or ambulatory care clinics will need to be vaccinated against influenza when flu season begins each fall. The influenza vaccine will be offered to all health care workers, including pregnant women, before the influenza season, unless otherwise medically contraindicated or it compromises sincerely held religious beliefs.

  • Construction Management Plan Contractor shall prepare and furnish to the Owner a thorough and complete plan for the management of the Project from issuance of the Proceed Order through the issuance of the Design Professional's Certificate of Material Completion. Such plan shall include, without limitation, an estimate of the manpower requirements for each trade and the anticipated availability of such manpower, a schedule prepared using the critical path method that will amplify and support the schedule required in Article 2.1.5 below, and the Submittal Schedule as required in Article 2.2.3. The Contractor shall include in his plan the names and resumés of the Project Superintendent, Project Manager and the person in charge of Safety.

  • EVENTS OUTSIDE OUR CONTROL 7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

  • Erosion Control a. The Purchaser shall construct slash and debris erosion barriers, dips, water bars or ditches in skid trails and landings as directed by the Forest Officer.

  • Separation control Where legally required, Provider will ensure that Personal Data collected for different purposes can be Processed separately. Provider shall also ensure there is separation between test and production systems. AVAILABILITY CONTROL. Provider protects Personal Data against accidental destruction or loss by following these controls:

  • Supervisory Control and Data Acquisition (SCADA) Capability The wind plant shall provide SCADA capability to transmit data and receive instructions from the ISO and/or the Connecting Transmission Owner for the Transmission District to which the wind generating plant will be interconnected, as applicable, to protect system reliability. The Connecting Transmission Owner for the Transmission District to which the wind generating plant will be interconnected and the wind plant Developer shall determine what SCADA information is essential for the proposed wind plant, taking into account the size of the plant and its characteristics, location, and importance in maintaining generation resource adequacy and transmission system reliability in its area.

  • Erosion Prevention and Control Purchaser’s Operations shall be conducted reasonably to minimize soil erosion. Equipment shall not be operated when ground conditions are such that excessive damage will result. Purchaser shall adjust the kinds and intensity of erosion control work done to ground and weather condi- tions and the need for controlling runoff. Erosion control work shall be kept current immediately preceding ex- pected seasonal periods of precipitation or runoff. If Purchaser fails to do seasonal erosion control work prior to any seasonal period of precipitation or runoff, Forest Service may temporarily assume responsibility for the work and any unencumbered deposits hereunder may be used by Forest Service to do the work. If needed for such work, Purchaser shall make additional deposits on request by Forest Service. Any money deposited or used for this purpose shall be treated as cooperative deposits under B4.218.

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