Storage Availability. (a) During each Contract Year of the Delivery Term, Seller shall maintain an Annual Storage Availability of not less than ninety-five percent (95%) (“Guaranteed Storage Availability”). In the event that, at the end of any such Contract Year, the Annual Storage Availability is less than the Guaranteed Storage Availability, Seller shall pay to Buyer the Storage Availability Liquidated Damages, as calculated pursuant to Schedule 6.3.
(b) Except as otherwise expressly provided for in Section 15.1(l) and Section
Storage Availability. (a) During each Contract Year of the Delivery Term, Seller shall maintain an Annual Storage Availability of not less than ninety-five percent (95%) (“Guaranteed Storage Availability”). In the event that, at the end of any such Contract Year, the Annual Storage Availability is less than the Guaranteed Storage Availability, Seller shall pay to Buyer the Storage Availability Liquidated Damages, as calculated pursuant to Schedule 6.3.
(b) Except as otherwise expressly provided for in Section 15.1(l) and Section 15.2 in respect of a Seller Event of Default under Section 15.1(l), the Storage Availability Liquidated Damages due Buyer pursuant to Section 6.3(a) shall be Buyer’s sole and exclusive remedy for any failure of the Storage Facility to meet the Guaranteed Storage Availability. The Parties agree that the damages Buyer would incur due to Seller’s failure to meet the Guaranteed Storage Availability would be difficult or impossible to predict with certainty and the Storage Availability Liquidated Damages amount is a reasonable approximation of such damages.
(c) On or before the tenth (10th) Day after the end of each Contract Year, Seller shall provide to Buyer the calculation of the Annual Storage Availability and associated Storage Availability Liquidated Damages, if any, for such Contract Year, including all data used by Seller to arrive at its calculations. Seller shall, upon written request, provide to Buyer any supplemental information reasonably required by Buyer to evaluate the calculations. The Storage Availability Liquidated Damages, if any, shall be reflected as a credit to Buyer on the Monthly Invoice issued with respect to the last month of the applicable Contract Year. Any disputes regarding the calculation of the Annual Storage Availability or Storage Availability Liquidated Damages shall be resolved pursuant to Article 18.
Storage Availability. During the Delivery Term, the Storage Facility shall maintain a Monthly Storage Availability of no less than ninety-eight percent (98%) (the “Guaranteed Storage Availability”), which Monthly Storage Availability shall be calculated in accordance with Exhibit P. If, the Monthly Storage Availability during any month is less than the Guaranteed Storage Availability, then Buyer’s payment for the Storage Product shall be calculated by reference to the Availability Adjustment (as determined in accordance with Exhibit P).
Storage Availability. During the Term, the Storage Facility shall maintain a Storage Availability during each Contract Year of no less than the Guaranteed Storage Availability. If the Storage Availability during any Contract Year is less than the Guaranteed Storage Availability, then Seller shall cure such failure by paying to PacifiCorp Storage Availability Damages calculated in accordance with Exhibit P. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such Storage Availability Damages in accordance with Exhibit P. Each Party acknowledges and agrees that:
(a) the damages PacifiCorp would incur due to Seller’s failure to achieve the Guaranteed Storage Availability are difficult or impossible to predict with certainty; (b) it is impractical and difficult to assess actual damages in these circumstances; and, therefore, (c) Storage Availability Damages as agreed to by the Parties are a fair and reasonable calculation of damages and not a penalty.
Storage Availability. Resident has the right to retain and use personal property, as space permits, in a reasonably secure manner. Limited storage space will be provided in Resident’s room to store personal property. However, Clearview is not responsible for the loss or damage of Resident’s property including, but not limited to, eyeglasses, dentures and hearing aids, due to theft, fire or any other causes. Resident is responsible for obtaining any desired insurance coverage to protect against such losses. Notwithstanding the foregoing, Clearview acknowledges that certain state and federal regulatory requirements impose certain obligations with respect to investigations into the theft of resident property.
Storage Availability. During the Delivery Term, the Storage Facility shall maintain a Monthly Storage Availability (calculated in accordance with Exhibit M) during each month of no less than ninety-eight percent (98%) (the “Guaranteed Storage Availability”). If, in any month after the Commercial Operation Date, the Monthly Storage Availability is less than the Guaranteed Storage Availability, then, except as provided in Section 11.1(b)(vi), Buyer’s sole and exclusive remedy for such shortfall shall be the application of the Storage Availability Adjustment to reduce the Storage Capacity Payment due for the Storage Product as provided in Section 3.3(e).
Storage Availability. Certain Services have limited storage capacities and/or capabilities. Company reserves the right to delete, without prior notice, files from any directory or mailbox if the associated storage limitations are exceeded. You should contact a Company customer service representative to determine whether additional storage space can be obtained for a particular Service. The current storage limitations for Broadband Service, Pure Broadband Service, and Dial-Up Service are as follows:
(1) Free personal Web space (not for commercial use): 20MB of personal Web space is included with the Services
(2) Other Web space: 5MB per Web site unless purchased separately or supplied with your applicable Service plan
Storage Availability. The Storage Availability category measures the Availability of Storage arrays by Service Level (i.e., Critical, High or Standard). The minimum Service Level Credit amount set forth for each of the storage Availability Critical Service Levels shall be applicable only if (i) the sum of the Service Level Credit amounts set by Company pursuant to Exhibit 3 (Service Level Management) for all of the Critical Service Levels within this category is greater than or equal to two and one-half percent (2.5%) of the Monthly Invoice Amount, and (ii) the Service Level Credit for the applicable Critical Service Level is set by the Company to be greater than zero percent (0%) of the Monthly Invoice Amount.
Storage Availability. Formatted: Line spacing: single
(a) During each Contract Year of the Delivery Term, Seller shall maintain an Annual Storage Availability of not less than ninety-five percent (95%) (“Guaranteed Storage Availability”). In the event that, at the end of any such Contract Year, the Annual Storage Availability is less than the Guaranteed Storage Availability, Seller shall pay to Buyer the Storage Availability Liquidated Damages, as calculated pursuant to Schedule 6.3.
(b) Except as otherwise expressly provided for in Section 15.1(l) and Section
Storage Availability. During the applicable Project Term, each Storage Project shall maintain Monthly Storage Availability during each month (the “Guaranteed Storage Availability”). If the Monthly Storage Availability for such Project during any month is less than the requisite 98% threshold, then Purchaser’s payment for the Discharging Energy and Storage Capacity shall be calculated by reference to the applicable Availability Adjusted Storage Contract Capacity.
