Common use of Unavailability Factors Clause in Contracts

Unavailability Factors. Each Unavailability Event shall be deemed to have commenced from the moment such Unavailability Event actually begins. If the starting time of such Unavailability Event is unknown, such Unavailability Event shall be deemed to have started the earlier of the moment it was (a) discovered by Developer or (b) reported to Developer by the Department or by a third party. Each Unavailability Event shall be deemed to persist during each hour thereafter until such Unavailability Event is resolved. An Unavailability Event occurring at anytime during an hour shall be deemed to have started at the beginning of the hour, and an Unavailability Event that ends at anytime during an hour shall be deemed to have ended at the end of that hour.