System Loss Sample Clauses

System Loss. (a) Owner shall bear the risk of any System Loss, except to the extent such System Loss results from the gross negligence of User or User’s agents, representatives, customers, vendors, visitors, employees, contractors, or invitees (collectively, “User Misconduct”).
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System Loss. In the event of any System Loss that, in the reasonable judgment of Seller, results in damage, destruction or loss (partial or total) of the System, this Agreement will remain in full force and effect so long as the System PPA remains in full force and effect. If System Owner, consistent with the terms of the System PPA, repairs or replaces the System, this Agreement shall remain in effect and Seller shall continue to sell the Regional Partner’s Share to the Regional Partners. If System Owner, consistent with the terms of the System PPA, does not repair or replace the System, and the System PPA terminates, this Agreement will terminate automatically, at no liability to either Party; provided, however, that if the System Loss is caused by the gross negligence, intentional misconduct or fraud of Seller and the System Owner, consistent with the terms of the PPA, does not repair or replace the System, and the System PPA terminates, than Seller shall be liable for actual and direct damages incurred by Purchasers, including the value of lost bill credits and any losses, damages, claims, expenses or liabilities arising due to the cancellation, termination, revocation, recapture, or recall of the XXXX Xxxxx to the extent not reimbursed to Purchaser pursuant to the Contribution Agreement.
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System Loss. (a) Developer shall bear the risk of any System Loss.
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System Loss. In the event of any harm to the System that, in the reasonable judgment of Xxxxxx, results in total damage, destruction or loss of the System (“System Loss”), Lessee shall, within thirty (30) days following the occurrence of such System Loss, notify Lessor whether Xxxxxx is willing, notwithstanding such System Loss, to repair or replace the System and to continue the Lease. If such System Loss was not caused by acts of Xxxxxx, and if Xxxxxx does not elect to terminate this Lease in the event of such a casualty, the applicable Lease Payment shall be abated until such time as the use thereof is restored and upon Xxxxxx’s restoration of the Premises. In the event that Xxxxxx notifies Lessor that Xxxxxx is not willing to repair or replace the System, the Lease will terminate automatically effective upon the date of such System Loss, and Lessee shall be entitled to all proceeds of its insurance policies with respect to the System Loss. In the event Lessee terminates the Lease due to System Loss, Lessor shall not be required to return to Lessee any prepaid but unearned applicable Lease Payment. Lessee’s obligations in relation to Removal and Restoration shall apply after any such termination.
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System Loss. In the event of any harm to the System that, in the reasonable judgment of Xxxxxx, results in total damage, destruction or loss of the System (“System Loss”), Lessee shall, within twenty
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System Loss. Subject to Buyer’s obligation to indemnify Seller set forth in Section 12.1, Seller shall bear the risk of any System Loss.
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System Loss. Tenant shall bear the risk of any loss or damage to the System (“System Loss”), except to the extent such System Loss results from the negligence of Landlord or Landlord’s agents, representatives, customers, vendors, visitors, employees, contractors, or invitees. In the event of any System Loss that, in the reasonable judgment of Tenant, results in less than total damage, destruction or loss of the System, this Agreement shall remain in full force and effect and Tenant has the option, at Tenant’s sole cost and expense, to repair or replace the System as quickly as practicable. Tenant shall be entitled to all proceeds of insurance with respect to the System in connection with any System Loss. In the event of any System Loss that, in the reasonable judgment of Tenant results in total damage, destruction or loss of the System, Tenant shall, within twenty (20) business days following the occurrence of such System Loss, notify Landlord of such damage, destruction or loss and further notify Landlord as to whether Tenant is willing to repair or replace the System pursuant to this Section 13. In the event that Tenant opts not to repair or replace the System and notifies Landlord of this decision (which notification shall be presumed if no notice is given within such twenty (20) business day period), this Agreement will terminate automatically effective upon the receipt of such notice of the decision not to repair or replace the System or expiration of such period without such notice having been given (as the case may be), and Tenant shall be entitled to all proceeds of insurance with respect to the System in connection with such System Loss, provided however, proceeds paid on account of damage to the Premises shall be paid to Landlord or used to repair the damage, and Tenant’s obligations under Section 7 hereof to remove the System (as damaged) shall remain.
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System Loss. The loss, theft, damage or destruction of the System or any portion thereof, or any other occurrence or event that prevents or limits the System from operating in whole or in part, resulting from or arising out of any cause (including casualty, condemnation or Force Majeure), as discussed in Section 5.04.
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Related to System Loss

  • DATA LOSS The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.

  • System Logging The system must maintain an automated audit trail which can 20 identify the user or system process which initiates a request for PHI COUNTY discloses to 21 CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY, 22 or which alters such PHI. The audit trail must be date and time stamped, must log both successful and 23 failed accesses, must be read only, and must be restricted to authorized users. If such PHI is stored in a 24 database, database logging functionality must be enabled. Audit trail data must be archived for at least 3 25 years after occurrence.

  • Cooperation in Loss Recovery Efforts In the event of any damages for which Bank or Customer may be liable to each other or to a third party pursuant to the services provided under this Agreement, Bank and Customer will undertake reasonable efforts to cooperate with each other, as permitted by applicable law, in performing loss recovery efforts and in connection with any actions that the relevant party may be obligated to defend or elects to pursue against a third party.

  • Downtime Each of Zero Hash and ZHLS uses commercially reasonable efforts to provide the Services in a reliable and secure manner. From time to time, interruptions, errors, delays, or other deficiencies in providing the Services may occur due to a variety of factors, some of which are outside of Zero Hash’s and/or ZHLS’ control, and some which may require or result in scheduled maintenance or unscheduled downtime of the Services (collectively, “Downtime”). You understand and acknowledge that part or all of the Services may be unavailable during any such period of Downtime, and you acknowledge that Zero Hash and ZHLS are not liable or responsible to you for any inconvenience or losses to you as a result of Downtime. Following Downtime, you further understand and acknowledge that the prevailing market prices of cryptocurrency may differ significantly from the prices prior to such Downtime.

  • System Upgrade Facilities and System Deliverability Upgrades Connecting Transmission Owner shall design, procure, construct, install, and own the System Upgrade Facilities and System Deliverability Upgrades described in Appendix A hereto. The responsibility of the Developer for costs related to System Upgrade Facilities and System Deliverability Upgrades shall be determined in accordance with the provisions of Attachment S to the NYISO OATT.

  • Compensation for Damage or Loss (1) When investments made by investors of either Contracting Party suffer damage or loss owing to war or other armed conflict, a state of national emergency, revolt, civil disturbances, insurrection, riot or other similar events in the territory of the other Contracting Party, they shall be accorded by the latter Contracting Party, treatment, as regards restitution, indemnification, compensation or other settlement, not less favourable than that the latter Contracting Party accords to its own investors or investors of any third state, whichever is the most favourable.

  • System Upgrades The Connecting Transmission Owner shall procure, construct, install, and own the System Upgrade Facilities and System Deliverability Upgrades described in Attachment 6 of this Agreement. To the extent that design work is necessary in addition to that already accomplished in the Class Year Interconnection Facilities Study for the Interconnection Customer, the Connecting Transmission Owner shall perform or cause to be performed such work. If all the Parties agree, the Interconnection Customer may construct System Upgrade Facilities and System Deliverability Upgrades.

  • Outputs 11. The objectives and outcomes of this Agreement will be achieved by:

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