Time period for restoration of supply Sample Clauses

Time period for restoration of supply. Unplanned Service Interruptions The Distributor will use its reasonable endeavours and act in accordance with Good Electricity Industry Practice to: Town: restore supply within 4 hours following notification of an Town Unplanned Service Interruption; Country: restore supply within 8 hours following notification of a Rural Unplanned Service Interruption; and For the purpose of this Service Measure: Town means – All Invercargill Gore, Winton, Te Anau, generally within the 50 km/h speed zones; Country means - all areas other than Town. $40 in respect of each ICP up to 63 Amps directly affected by the Unplanned Service Interruption to the extent the Service Level is not met, subject to the general limit of liability. $100 in respect of each ICP greater than 63 Amps directly affected by the Unplanned Service Interruption to the extent the Service Level is not met, subject to the general limit of liability.
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Time period for restoration of supply. Unplanned Service Interruptions The Distributor will use its reasonable endeavours and act in accordance with Good Electricity Industry Practice to: Urban: restore supply within 3 hours following notification of an Urban Unplanned Service Interruption; Rural: restore supply within 6 hours following notification of a Rural Unplanned Service Interruption; and Remote Rural: restore supply within 12 hours following notification of a Remote Rural Unplanned Service Interruption. For the purpose of this Service Measure: Urban means the geographical areas identified as “Urban Service Level Zones” on the Distributor’s website at xxxxx://xxx.xxxxxxxxxxx.xx.xx/tell-me-about/electricity/network-coverage-area; Rural means the geographical areas identified as “Rural Service Level Zones” on the Distributor’s website at xxxxx://xxx.xxxxxxxxxxx.xx.xx/tell-me-about/electricity/network-coverage-area; and Remote Rural means all areas on the Distributor’s network other than Urban and Rural areas (as defined above). Not applicable
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Time period for restoration of supply. Unplanned Service Interruptions The Distributor must: Urban: restore supply within 3 hours following notification of an Urban Unplanned Service Interruption; Rural: restore supply within 6 hours following notification of a Rural Unplanned Service Interruption; and Remote Rural: restore supply within 12 hours following notification of a Remote Rural Unplanned Service Interruption. For the purpose of this Service Measure: Urban means [Distributor to define geographically]; Rural means [Distributor to define geographically]; and Remote Rural means [Distributor to define geographically]. $50 in respect of each ICP up to 60 A per phase directly affected by the Unplanned Service Interruption, plus a further $50 for each complete 24hr period in excess of the time limit, subject to the general limit of liability. $150 in respect of each ICP greater than 60 A per phase directly affected by the Unplanned Service
Sample 1Sample 2
Time period for restoration of supply. Unplanned Service Interruptions The Distributor must: Urban: restore supply within 4 hours following notification of an Urban Unplanned Service Interruption; and Rural: restore supply within 6 hours following notification of a Rural Unplanned Service For the purpose of this Service Measure: Urban means Dunedin, Mosgiel, Queenstown, Wanaka, Cromwell, and Xxxxxxxxx, generally within the 50km speed zone boundary; and Rural means all areas other than Urban. The amount payable in accordance with the Distributor’s Customer Charter in respect of restoration of supply for Unplanned Service Interruptions, a copy of which can be accessed on the Distributor’s website. Interruption.
Sample 1Sample 2
Time period for restoration of supply. Unplanned Service Interruptions The Distributor mustwill use its reasonable endeavours and act in accordance with Good Electricity Industry Practice to: Urban: restore supply within 3 hours following notification of an Urban Unplanned Service Interruption; Rural: restore supply within 6 hours following notification of a Rural Unplanned Service Interruption; and Remote Rural: restore supply within 12 hours following notification of a Remote Rural Unplanned Service Interruption. For the purpose of this Service Measure: Urban means [Distributor to define geographically];the geographical areas identified as “Urban Service Level Zones” on the Distributor’s website at xxxxx://xxx.xxxxxx.xx.xx/tell-me-about/electricity/network-coverage; Rural means [Distributor to define geographically];the geographical areas identified as “Rural Service Level Zones” on the Distributor’s website at xxxxx://xxx.xxxxxx.xx.xx/tell-me-about/electricity/network-coverage; and Remote Rural means [Distributor to define geographically].all areas on the Distributor’s network other than Urban and Rural areas (as defined above). $50 in respect of each ICP up to 60 A per phase directly affected by the Unplanned Service Interruption, plus a further $50 for each complete 24hr period in excess of the time limit, subject to the general limit of liability. $150 in respect of each ICP greater than 60 A per phase directly affected by the Unplanned Service Interruption, plus a further $150 for each complete 24hr period in excess of the time limit, subject to the general limit of liability.Not applicable
Sample 1
Time period for restoration of supply. Unplanned Service Interruptions The Distributor will use its reasonable endeavours and act in accordance with Good Electricity Industry Practice to: Urban: restore supply within 3 hours following notification of an Urban Unplanned Service Interruption; Rural: restore supply within 6 hours following notification of a Rural Unplanned Service Interruption; and Remote Rural: restore supply within 12 hours following notification of a Remote Rural Unplanned Service Interruption. Unplanned Service Interruptions reported by the Customer are subject to validation by the Distributor. The Service Measure excludes Service Interruptions that do not originate within the Network. Urban includes the townships of: • Ashburton including Tinwald. • Fairton. • Methven. • Rakaia. • Chertsey. • Xxxxxxxx. • Mt Xxxxxx. •
Sample 1
Time period for restoration of supply. Unplanned Service Interruptions The Distributor will use its reasonable endeavours and act in accordance with Good Electricity Industry Practice to: restore supply within 4 hours following notification of an Unplanned Service Interruption. This Service Measure covers: The Electricity Invercargill Limited network area. $40 in respect of each ICP up to 63 Amps directly affected by the Unplanned Service Interruption to the extent the Service Level is not met, subject to the general limit of liability. $100 in respect of each ICP greater than 63 Amps directly affected by the Unplanned Service Interruption to the extent the Service Level is not met, subject to the general limit of liability.
Sample 1
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Related to Time period for restoration of supply

  • Effect of Benchmark Transition Event (i) If the Calculation Agent determines that a Benchmark Transition Event and its related Benchmark Replacement Date have occurred prior to the Reference Time (as defined below) in respect of any determination of the Benchmark (as defined below) on any date, the Benchmark Replacement will replace the then-current Benchmark for all purposes relating to the Subordinated Notes during the relevant Floating Interest Period in respect of such determination on such date and all determinations on all subsequent dates. (ii) In connection with the implementation of a Benchmark Replacement, the Company will have the right to make Benchmark Replacement Conforming Changes from time to time. (iii) Any determination, decision or election that may be made by the Company or by the Calculation Agent pursuant to the benchmark transition provisions set forth herein, including any determination with respect to a tenor, rate or adjustment or of the occurrence or non-occurrence of an event, circumstance or date, and any decision to take or refrain from taking any action or any selection: (1) will be conclusive and binding absent manifest error; (2) if made by the Company, will be made in the Company’s sole discretion; (3) if made by the Calculation Agent, will be made after consultation with the Company, and the Calculation Agent will not make any such determination, decision or election to which the Company reasonably objects; and (4) notwithstanding anything to the contrary in this Subordinated Note, the Indenture or the Purchase Agreement, shall become effective without consent from the relevant Holders or any other party. (iv) For the avoidance of doubt, after a Benchmark Transition Event and its related Benchmark Replacement Date have occurred, interest payable on this Subordinated Note for the Floating Rate Period will be an annual rate equal to the sum of the applicable Benchmark Replacement and the spread specified on the face hereof. (v) As used in this Subordinated Note:

  • CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION 7.1 The Effective Date of the Stipulation shall be conditioned on the occurrence of all of the following events: (a) the Court has entered the Preliminary Approval Order, as required by ¶3.1 hereof, substantially in the form set forth in Exhibit A attached hereto; (b) the Settlement Amount has been deposited into the XXXX; (c) the Court has entered the Judgment, or a judgment substantially in the form of Exhibit B attached hereto; (d) Lexmark has not exercised its option to terminate the Stipulation pursuant to ¶7.3 hereof; and (e) the Judgment has become Final, as defined in ¶1.12 hereof. 7.2 Upon the Effective Date, any and all remaining interest or right of the Defendants or the Defendants’ insurers in or to the Settlement Fund, if any, shall be absolutely and forever extinguished and the releases herein shall be effective. If the conditions specified in ¶7.1 hereof are not met, then the Stipulation shall be canceled and terminated subject to ¶7.4 hereof unless Lead Counsel and Defendants’ Counsel mutually agree in writing to proceed with the Stipulation. 7.3 Only Lexmark possesses the option to terminate the Settlement in the event that valid requests for exclusion from the Class exceed the criteria set forth in the Supplemental Agreement, executed between Lead Plaintiff and Lexmark through their respective counsel concurrently with this Agreement. The terms of the Supplemental Agreement shall not be disclosed in any other manner other than the statements herein and in the Notice, or as otherwise provided in the Supplemental Agreement unless and until the Court otherwise directs or a dispute arises between Lead Plaintiff and Defendants concerning its interpretation or application. If submission of the Supplemental Agreement to the Court is required for resolution of a dispute or is otherwise ordered by the Court, the parties will undertake to have the Court review the Supplemental Agreement in camera without filing it on the docket. If the Court requires that the Supplemental Agreement be filed, the parties shall request that it be filed under seal or with the percentage redacted. 7.4 Unless otherwise ordered by the Court, in the event the Stipulation is not approved or this Stipulation is terminated, canceled, or the Effective Date otherwise fails to occur, within ten (10) business days after written notification of such event is sent by Defendants’ Counsel or Lead Counsel to the Escrow Agent, the Settlement Fund (including accrued interest), less Taxes, Tax Expenses, and Notice and Administration Expenses which have either been disbursed pursuant to ¶¶2.1 and 2.8 hereof, or are chargeable to the Settlement Fund pursuant to ¶¶2.1 and 2.8 hereof, shall be refunded by the Escrow Agent pursuant to written instructions from Defendants’ Counsel. The Escrow Agent or its designee shall apply for any tax refund owed on the Settlement Amount and pay the proceeds, after deduction of any fees or expenses incurred in connection with such application(s) for refund, pursuant to written instructions from Defendants’ Counsel. 7.5 In the event that the Stipulation is not approved by the Court or the Settlement set forth in the Stipulation is terminated or fails to become effective in accordance with its terms, the Settling Parties shall be restored to their respective positions in the Litigation as of January 28, 2020. In such event, the terms and provisions of the Stipulation, with the exception of ¶¶1.1–1.36, 2.6–2.9, 6.3–6.5, 7.4–7.6, and 9.5–9.6 hereof, shall have no further force and effect with respect to the Settling Parties and shall not be used in this Litigation or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Stipulation shall be treated as vacated, nunc pro tunc. No order of the Court or modification or reversal on appeal of any order of the Court concerning the Plan of Allocation or the amount of any attorneys’ fees, costs, expenses, and interest awarded by the Court to any of Plaintiffs’ Counsel or expenses to the Lead Plaintiff shall operate to terminate or cancel this Stipulation or constitute grounds for cancellation or termination of the Stipulation. 7.6 If the Effective Date does not occur, or if the Stipulation is terminated pursuant to its terms, neither Lead Plaintiff nor any of its counsel shall have any obligation to repay any amounts disbursed pursuant to ¶¶2.1 or 2.8. In addition, any expenses already incurred pursuant to ¶¶2.1 or 2.8 hereof at the time of such termination or cancellation but which have not been paid, shall be paid by the Escrow Agent in accordance with the terms of the Stipulation prior to the balance being refunded in accordance with ¶¶2.9 and 7.4 hereof. 7.7 Defendants warrant and represent that they are not “insolvent” within the meaning of 11 U.S.C. § 101(32) as of the time the Stipulation is executed and will not be as of the time the payments of the Settlement Amount are actually transferred or made as reflected in the Stipulation. This representation is made by Defendants and not by Defendants’ Counsel. In the event of a final order of a court of competent jurisdiction, not subject to any further proceedings, determining the transfer of the Settlement Fund, or any portion thereof, by or on behalf of Defendants to be a voidable preference, voidable transfer, fraudulent transfer, or similar transaction under Title 11 of the United States Code (Bankruptcy), or applicable state law, and any portion thereof is required to be refunded and such amount is not promptly deposited in the Settlement Fund by or on behalf of any Defendants, then, at the election of Lead Plaintiff the Settlement may be terminated and the Judgment entered in favor of Defendants pursuant to the Settlement shall be null and void. Alternatively, at the election of Lead Plaintiff, the Settling Parties shall jointly move the Court to vacate and set aside the release given and the Judgment entered in favor of the Defendants and that the Defendants and Lead Plaintiff and the Members of the Class shall be restored to their litigation positions as of January 28, 2020 and the Settlement Fund shall be promptly returned.

  • PROCEDURE UPON APPLICATION FOR INDEMNIFICATION (a) A determination, if required by applicable law, with respect to Indemnitee’s entitlement to indemnification shall be made in the specific case by one of the following methods, which shall be at the election of Indemnitee: (i) by a majority vote of the Disinterested Directors, even though less than a quorum of the Board, (ii) by a committee of such directors designated by majority vote of such directors, (iii) if there are no Disinterested Directors or if such directors so direct, by Independent Counsel in a written opinion to the Board, a copy of which shall be delivered to Indemnitee, or (iv) by vote of the stockholders. The Company promptly will advise Indemnitee in writing with respect to any determination that Indemnitee is or is not entitled to indemnification, including a description of any reason or basis for which indemnification has been denied. If it is so determined that Indemnitee is entitled to indemnification, payment to Indemnitee shall be made within ten (10) days after such determination. Indemnitee shall reasonably cooperate with the person, persons or entity making such determination with respect to Indemnitee’s entitlement to indemnification, including providing to such person, persons or entity upon reasonable advance request any documentation or information which is not privileged or otherwise protected from disclosure and which is reasonably available to Indemnitee and reasonably necessary to such determination. Any costs or Expenses incurred by Indemnitee in so cooperating with the person, persons or entity making such determination shall be borne by the Company (irrespective of the determination as to Indemnitee’s entitlement to indemnification) and the Company hereby agrees to indemnify and to hold Indemnitee harmless therefrom. (b) In the event the determination of entitlement to indemnification is to be made by Independent Counsel pursuant to Section 12(a) hereof, the Independent Counsel shall be selected as provided in this Section 12(b). The Independent Counsel shall be selected by Indemnitee (unless Indemnitee shall request that such selection be made by the Board), and Indemnitee shall give written notice to the Company advising it of the identity of the Independent Counsel so selected and certifying that the Independent Counsel so selected meets the requirements of “Independent Counsel” as defined in Section 2 of this Agreement. If the Independent Counsel is selected by the Board, the Company shall give written notice to Indemnitee advising Indemnitee of the identity of the Independent Counsel so selected and certifying that the Independent Counsel so selected meets the requirements of “Independent Counsel” as defined in Section 2 of this Agreement. In either event, Indemnitee or the Company, as the case may be, may, within ten (10) days after such written notice of selection shall have been received, deliver to the Company or to Indemnitee, as the case may be, a written objection to such selection; provided, however, that such objection may be asserted only on the ground that the Independent Counsel so selected does not meet the requirements of “Independent Counsel” as defined in Section 2 of this Agreement, and the objection shall set forth with particularity the factual basis of such assertion. Absent a proper and timely objection, the person so selected shall act as Independent Counsel. If such written objection is so made and substantiated, the Independent Counsel so selected may not serve as Independent Counsel unless and until such objection is withdrawn or a court of competent jurisdiction has determined that such objection is without merit. If, within twenty (20) days after submission by Indemnitee of a written request for indemnification pursuant to Section 11(b) hereof, no Independent Counsel shall have been selected and not objected to, either the Company or Indemnitee may petition the Delaware Court for resolution of any objection which shall have been made by the Company or Indemnitee to the other’s selection of Independent Counsel and/or for the appointment as Independent Counsel of a person selected by the Delaware Court, and the person with respect to whom all objections are so resolved or the person so appointed shall act as Independent Counsel under Section 12(a) hereof. Upon the due commencement of any judicial proceeding or arbitration pursuant to Section 14(a) of this Agreement, Independent Counsel shall be discharged and relieved of any further responsibility in such capacity (subject to the applicable standards of professional conduct then prevailing).

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