System Damage. If the System is damaged or destroyed, Seller shall have the option to either (i) restore the System, in which case this Agreement shall remain in effect, or (ii) terminate this Agreement without liability to Purchaser.
System Damage. The Authority shall not be responsible for any damage to the System, or any component thereof, resulting from the criminal, intentional, or negligent acts of any third parties, except for its maintenance obligations set forth herein that are fully compensated pursuant to this Agreement. In the event any portion of the System or Improvements are damaged by the negligent acts of a third party and the City refuses or is unable to seek recovery of funds for such damage, the Authority may, but is not required, to seek such recovery in the City’s name.
System Damage. If any part of the system is damaged by fire, water, acts of God, or any cause beyond Alarm Partners reasonable control, any repairs or replacement shall be paid for by the Subscriber.
System Damage. If the System is damaged or destroyed other than by the Using Agency’s gross negligence or willful misconduct, the Vendor {Contractor} shall promptly repair and restore the System to its pre-existing condition; provided, however, that if more than fifty percent (50%) of the System is destroyed during the last five (5) years of the PPA Term or during any Additional PPA Term (as permitted by law, if any), the Vendor {Contractor} shall not be required to restore the System, but may instead terminate this PPA, unless the Using Agency agrees (A) to pay for the cost of such restoration of the System or (B) to purchase the System “AS-IS” at the greater of (1) the Fair Market Value of the System and (2) for any given Contract Year, the amount set forth on Exhibit 5 attached hereto.
System Damage. In the event that any System becomes disabled or substantially damaged so that further monitoring to such System is impractical, Global shall notify Masada
System Damage. In the event that any System becomes disabled or substantially damaged so that further monitoring to such System is impractical, Masada shall notify ADG of such disability or damage and ADG shall cooperate with Masada in attempting to reestablish service to such System.
System Damage. In the event that any System becomes disabled or substantially damaged so that further monitoring to such System is impractical, Masada shall notify Lafayette of such disability or damage and Lafayette shall cooperate with Masada in attempting to reestablish service to such System.
System Damage. MFN and Lessee shall promptly notify each other of any matters pertaining to any damage or impending damage to or loss of the MFN System that are known to such party. Lessee shall take all commercially reasonable precautions against, and shall assume liability, subject to the terms herein, for, any damage caused by it to the MFN System. Lessee shall not use the Lessee Fiber in a way that interferes in any material way with or materially adversely affects the use of any fibers of MFN or the MFN System.
System Damage. Program Provider shall be liable for any direct monetary damages suffered by the NJMVC’s database or software owned or licensed by the NJMVC that is determined to have been exclusively and directly caused by Program Provider or one of its employees negligently or intentionally introducing into the database or such software any computer virus or other malicious, mischievous or destructive programming. Program Provider and the NJMVC agree that in the event of any destruction or modification of data or software, resort shall be made to an agreed upon Alternative Dispute Resolution (“ADR”) process for purposes of determining whether such destruction or modification of data or software was exclusively and directly caused by the Program Provider or one of its employees negligently or intentionally introducing into the database or such software any virus or malicious, mischievous or destructive programming. The NJMVC and Program Provider each agree to be bound by such ADR determination. Such an ADR determination is for purposes of assigning liability under this provision only, and prior to such ADR process and determination, Program Provider shall respond immediately to attempt to eliminate any virus or malicious, mischievous or destructive programming suspected to have been negligently or intentionally introduced by Program Provider or one of its employees into the NJMVC database or software owned or licensed by the NJMVC.
System Damage. Should any part of the RMS and/or CS (collectively referred to as the “System”) be damaged through the negligence of a party, the responsibility for, and expense of restoring the System to proper operating condition, shall be the responsibility of that party. Should any part of the System be damaged through an act of God or other cause beyond the control of any party hereto, and the damaged part of the System is for the benefit of both Spring Township and Bellefonte Borough (such as the servers), the responsibility for the expense of restoring the System to proper operating condition shall be shared equally by Spring Township and Bellefonte Borough. Should any part of the System be damaged through an act of God or other cause beyond the control of the parties hereto, and the damaged part of the System is solely for the benefit of one party (such as personal computers, printers or mobile computers), the responsibility for and expense of restoring that part of the System to proper operating condition shall be the exclusive responsibility of that party.
