Unavailability of the Service Sample Clauses

Unavailability of the Service. The Service will be unavailable in any of the following situations: (i) If the amount of money to be remitted or transferred is larger than the funds available for payment on the designated remittance date or designated transfer date; (ii) If transactions under the designated payment account has been restricted or suspended, or the designated payment account has already been closed; (iii) If the Customer has initiated a stop payment on the designated payment account and the Bank has conducted the prescribed procedures in accordance with it; (iv) If the Customer has suspended payments or a petition has been filed for the commencement of bankruptcy, civil rehabilitation procedures, corporate reorganisation procedures, special liquidation procedures or other such disposition (including any similar petition in any jurisdiction other than Japan) in respect of the Customer; (v) If there is a notification or an order to temporarily seize or order to seize the Customer’s deposits or other credits owed by the Bank; (vi) If a transfer transaction has been requested but transactions under the designated payment account have been restricted or suspended, or the designated account for the transfer has already been closed; (vii) If a requested remittance of money is in violation or potential violation of the laws of Japan or any foreign country; or (viii) If the execution of the Service becomes impossible or the Bank, at its sole discretion, discontinues the Service, because of riot, social disturbance, war, government law, order or regulation, measures taken by a government agency, natural phenomenon, violent weather, fire, major accident, strike, sabotage activity, explosion, or other similar or dissimilar unforeseen event that reduces the Bank’s ability to perform the Service, or if the Bank considers it necessary to suspend the Service.
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Unavailability of the Service. Rules in connection with the unavailability of a Service are set in the Service Description. 5.
Sample 1Sample 2Sample 3See All (4)
Unavailability of the Service. You understand and agree that Mobile Deposits may at times be temporarily unavailable due to UMassFive’s system maintenance or technical difficulties including, but not limited to, those of the Internet service provider and Internet software. In the event that a Mobile Deposit is unavailable, You acknowledge that You can deposit an original check at any UMassFive or CU Shared Service Center branch, or by mailing the original check to UMassFive. Business Day You understand that UMassFive’s business days are Monday through Friday, excluding Federal holidays and business hours are normally 8:00 am to 5:00 pm, Eastern time each business day. Deposit Times Deposits received before 3:00 pm EST on a business day, and approved, will post to your account on the same day. Exceptions may apply during holidays and/or special and emergency closings. Deposits received after 3:00 pm EST will process on the next business day. Funds Availability/Check Holds See the Account Agreement and Disclosures on our web site for details on funds availability. Compliance with Law You agree to use the products and the Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that You will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations. Accountholder's Warranties You make the following warranties and representations with respect to each image of an original check You transmit using E-Deposit or Mobile Deposit:
Sample 1
Unavailability of the Service. You understand and agree that the Service may at times be temporarily unavailable due to Credit Union system maintenance or technical difficulties including those of the Internet service provider and Internet software. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. It is your sole responsibility to verify that items deposited using the Service have been received and
Sample 1
Unavailability of the Service. 4.1 The parties agree to comply with the Fault Reporting Procedures as attached at Schedule 3. The Service will be regarded as Unavailable during the term of the Contract in the following circumstances: 4.1.1 total loss of the Service; 4.1.2 degradation of the Service below the parameters set out in Schedule 2; 4.1.3 routine testing and maintenance. and “Unavailable” and “Unavailability” will be construed accordingly. (1) Represents material that has been redacted and submitted separately to the Securities and Exchange Commission pursuant to a request for confidential treatment.
Sample 1
Unavailability of the Service. 7.1 The Service will be regarded as Unavailable during the Transmission Period in the following circumstances: 7.1.1. failure of the Service or its degradation below the specifications in Schedule 4; 7.1.2. failure of the Space Segment Facilities or their degradation below the parameters set out in Schedule 2 section 3: 7.1.3. failure of the Earth Segment Facilities to maintain the specifications in Schedule 2 section 2; 7.1.4. withdrawal or interruption of Service for maintenance and repairs; 7.1.5. if the Service cannot be provided because of an event of Force Majeure; or
Sample 1

Related to Unavailability of the Service

  • Unavailability of Tenor of Benchmark Notwithstanding anything to the contrary herein or in any other Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (A) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (1) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (2) the regulatory supervisor for the administrator of such Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definition) for any Benchmark settings at or after such time to remove such unavailable or non-representative tenor and (B) if a tenor that was removed pursuant to clause (A) above either (1) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (2) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definition) for all Benchmark settings at or after such time to reinstate such previously removed tenor.

  • Unavailability In the event that the Administrative Agent shall have determined in good faith (i) that U.S. dollar deposits in the principal amounts requested with respect to a Eurodollar Loan are not generally available in the London interbank Eurodollar market or (ii) that reasonable means do not exist for ascertaining the Eurodollar Rate, the Administrative Agent shall, as soon as practicable thereafter, give notice of such determination to the Borrowers and the Lenders. In the event of any such determination under clauses (i) or (ii) above, until the Administrative Agent shall have advised the Borrowers and the Lenders that the circumstances giving rise to such notice no longer exist, (A) any request by a Borrower for Eurodollar Loans shall be deemed to be a request for Base Rate Loans (or Absolute Rate Competitive Bid Loans, as the case may be), and (B) any request by a Borrower for conversion into or continuation of Eurodollar Revolving Loans shall be deemed to be a request for conversion into or continuation of Base Rate Loans.

  • Availability of Services CBT agrees not to discontinue or refuse to provide any service provided or required hereunder other than in accordance with the terms of this Agreement, or unless required by the Commission.

  • Liability of the Servicer Notwithstanding any Subservicing Agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Subservicer or reference to actions taken through a Subservicer or otherwise, the Servicer shall remain obligated and primarily liable to the Trustee for the servicing and administering of the Mortgage Loans in accordance with the provisions of Section 3.01 without diminution of such obligation or liability by virtue of such Subservicing Agreements or arrangements or by virtue of indemnification from the Subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Mortgage Loans. The Servicer shall be entitled to enter into any agreement with a Subservicer for indemnification of the Servicer by such Subservicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification.

  • Availability of Utilities All utility services necessary for the construction of the Improvements will be available prior to the commencement of construction, and all utility services necessary for the proper operation of the Improvements for their intended purposes are available at the Leased Premises or will be available at the Leased Premises prior to the Final Disbursement Date, at commercially comparable utility rates and hook-up charges for the vicinity, including water supply, storm and sanitary sewer facilities, gas, electricity and telephone facilities. Lessee shall furnish evidence of such availability of utilities from time to time at Lessor's request.

  • Liability of the Subadviser (a) In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties ("disabling conduct") hereunder on the part of the Subadviser (and its officers, directors/trustees, agents, employees, controlling persons, shareholders and any other person or entity affiliated with the Subadviser) the Subadviser shall not be subject to liability to the Adviser (and its officers, directors/trustees, agents, employees, controlling persons, shareholders and any other person or entity affiliated with the Adviser) or to the Trust (and its officers, directors/trustees, agents, employees, controlling persons, shareholders and any other person or entity affiliated with the Trust) for any act or omission in the course of, or connected with, rendering services hereunder, including without limitation, any error of judgment or mistake of law or for any loss suffered by any of them in connection with the matters to which this Agreement relates, except to the extent specified in Section 36(b) of the Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services. Except for such disabling conduct, the Adviser shall indemnify the Subadviser (and its officers, directors, partners, agents, employees, controlling persons, shareholders and any other person or entity affiliated with the Subadviser) from any and all losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) arising from Subadviser's rendering of services under this Agreement. (b) The Subadviser agrees to indemnify and hold harmless the Adviser (and its officers, directors/trustees, agents, employees, controlling persons, shareholders and any other person or entity affiliated with the Adviser) and/or the Trust (and its officers, directors/trustees, agents, employees, controlling persons, shareholders and any other person or entity affiliated with the Trust) against any and all losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses), to which the Adviser and/or the Trust and their affiliates or such directors/trustees, officers or controlling person may become subject under the Act, the 1933 Act, under other statutes, common law or otherwise, which arise from the Subadviser's disabling conduct, including but not limited to any material failure by the Subadviser to comply with the provisions and representations and warranties set forth in Section 1 of this Agreement; provided, however, that in no case is the Subadviser's indemnity in favor of any person deemed to protect such other persons against any liability to which such person would otherwise be subject by reasons of willful misfeasance, bad faith, or gross negligence in the performance of his, her or its duties or by reason of his, her or its reckless disregard of obligations and duties under this Agreement.

  • Liability of the Seller The Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Seller and with respect to its representations and warranties expressly set forth hereunder.

  • Access to the Service Subject to the rights and limitations set out in this Agreement and your payment of all Subscription Fees when due, we grant you a limited, non- exclusive, non-sublicensable, non-transferable (except as expressly permitted herein) right to permit Users to access and use the Service during the Subscription Term: (i) solely for your internal business purposes; and (ii) for the scope of use set out in your Order and/or the Documentation. You shall not permit any unauthorized access to or use of the Service and shall notify us immediately in the event that you become aware of any unauthorized access or use.

  • Unavailability of Deposits or Inability to Ascertain, or Inadequacy of, LIBOR If on or prior to the first day of any Interest Period for any Borrowing of Eurodollar Loans: (a) the Administrative Agent determines that deposits in U.S. Dollars (in the applicable amounts) are not being offered to it in the interbank eurodollar market for such Interest Period, or that by reason of circumstances affecting the interbank eurodollar market adequate and reasonable means do not exist for ascertaining the applicable LIBOR, or (b) the Required Lenders advise the Administrative Agent that (i) LIBOR as determined by the Administrative Agent will not adequately and fairly reflect the cost to such Lenders of funding their Eurodollar Loans for such Interest Period or (ii) that the making or funding of Eurodollar Loans become impracticable, then the Administrative Agent shall forthwith give notice thereof to the Borrower and the Lenders, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders to make Eurodollar Loans shall be suspended.

  • Availability of Information To make DHCS PI and PII available to the DHCS and/or 15 COUNTY for purposes of oversight, inspection, amendment, and response to requests for records, 16 injunctions, judgments, and orders for production of DHCS PI and PII. If CONTRACTOR receives 17 DHCS PII, upon request by COUNTY and/or DHCS, CONTRACTOR shall provide COUNTY and/or 18 DHCS with a list of all employees, contractors and agents who have access to DHCS PII, including 19 employees, contractors and agents of its subcontractors and agents.

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