Unplanned Maintenance. From the Performance Start Date for each Unit through the term of this Contract for such Unit, Seller shall provide Parts and Services for Unplanned Maintenance of the Covered Unit, provided that Buyer or third parties retained by Buyer (including the operations and maintenance contractor) shall not be precluded from the performance of Unplanned Maintenance such as the installation of Operational Spares or the repair or replacement of components not normally anticipated to be repaired or replaced as a part of Planned Maintenance if such action by Buyer or third parties retained by Buyer would substantially reduce the Outage interval and would be performed under the technical supervision of Seller. It is understood that the warranties set forth in Part 7.1 shall not apply to services performed by Buyer or third parties retained by Buyer. If the Covered Units require Unplanned Maintenance during the term of this Contract, Buyer shall promptly notify Seller's Assigned Technical Advisor in writing and as soon as reasonably possible make the Covered Units available to Seller. Seller shall perform Unplanned Maintenance to correct any defect by (i) performing necessary Services, (ii) repairing and re-installing defective components of the Covered Units and/or (iii) delivering necessary replacement Parts in accordance with Part 5.1.1
Unplanned Maintenance. As full compensation for Parts, Repairs and Services provided as a part of Unplanned Maintenance, Buyer shall pay Seller at the price rates listed in Appendix I (subject to escalation as provided in Appendix A, Part 6.3) with the following discounts: o Parts: [ * ] discount from those listed in Appendix I o Repairs: [ * ] discount from those listed in Appendix I o Services: [ * ] discount from those listed in Appendix I Seller shall submit invoices for Parts supplied as Unplanned Maintenance upon delivery of such Parts and shall submit invoices for Services and Repairs supplied as a part of Unplanned Maintenance upon completion of the Unplanned Maintenance. Each invoice for Unplanned Maintenance shall separately state the parts component from the services/labor component. Buyer shall make payment within thirty (30) days after receipt of Seller's invoice.
Unplanned Maintenance. Maintenance, inspection, and repair of the Combined Facility equipment which is not defined herein as Planned Maintenance or Routine Maintenance. Unplanned Maintenance will normally be performed by a subcontractor but may be performed by the Facility Work Force if within its general skill level and as operating duties permit. Costs associated with Unplanned Maintenance will be defined as Unplanned Maintenance Costs.
Unplanned Maintenance. 6.6.1. If, at any time during the Term, the Operator is unable to provide any of the Services on account of an Unplanned Maintenance it shall immediately Notify the Employer specifying the reasons for such Unplanned Maintenance and time required to complete the Unplanned Maintenance.
6.6.2. Thereafter, the Independent Expert shall at its sole discretion determine, following inspection (if necessary), whether the Unplanned Maintenance is due to:
(a) the act, omission, wilful misconduct, negligence or breach under this Agreement of the Operator; or
(b) attributable to the Employer; or
(c) where so alleged by the Operator, attributable to any of the other Project Contractors.
6.6.3. If the Independent Expert determines that the Unplanned Maintenance is attributable to:
(a) the Operator, then the Employer may, at its sole discretion (i) impose Performance Liquidated Damages under Section 2.16 (Performance Liquidated Damages); and/or (ii) terminate this Agreement in accordance with Section 9 (Default and Termination). If the Unplanned Maintenance is determined to be attributable to the Operator, the Operator shall bear the full Cost for the same; or
(b) the Employer, then the Operator shall be entitled to submit its claim for Costs and/or extensions in any timelines hereunder. The Employer shall then proceed in accordance with Section 3.5 (Determinations) to agree or determine any extensions in timelines and/or the Costs (if any) which the Operator is entitled to; or
(c) any other Project Contractor, then the Operator shall be entitled to submit its claim for Costs and/or extensions in any timelines hereunder. The Employer shall then proceed in accordance with Section 3.5 (Determinations) to agree or determine any extensions in timelines and/or the Costs (if any) which the Operator is entitled to.
Unplanned Maintenance. Unplanned Maintenance is non-routine maintenance and repair of the fiber network which is not included as Scheduled Maintenance. Unscheduled Maintenance will commence on the Transfer Date and shall consist of Unscheduled Maintenance in response to: (i) an alarm identification, receipt of notification by PANGAEA or any third party of any failure, interruption or impairment in the operation of the network, or any event imminently likely to cause the failure, interruption or impairment in the operation of the network; or (ii) any potential service-affecting situation to prevent any failure, interruption or impairment in the operation of the network, each to the extent same is not included in the definition of Scheduled Maintenance. PANGAEA will use reasonable efforts to keep and maintain the fiber network in good condition and repair and perform all repairs and replacements thereto, including coordination of any repairs to local access facilities with local exchange carriers as shall be materially consistent with other common carrier industry standards, governmental requirements, and sound business practices.
Unplanned Maintenance. In the event of unplanned maintenance, the supporting staff of HPC service will notify the Customer as soon as possible and strive to minimise downtime. Users are advised to carry out regular data backups to minimize any potential impact.
Unplanned Maintenance. In the event that Sure gives Telco less than the advance notice required under section 3.9 of any maintenance which has not been previously agreed and confirmed, such maintenance shall be regarded as unplanned. All Unplanned Maintenance shall be regarded as an Outage and will be included in total Outage time.
Unplanned Maintenance. 28.5.1 Unplanned maintenance may only be carried out if the Authority's Representative has (acting reasonably and having regard to the potential for unplanned maintenance to interfere with the operations of the Authority) approved the proposed commencement date, the proposed hours of work and estimated duration of the requisite unprogrammed maintenance works pursuant to Schedule 19 (Project Management).
28.5.2 Nothing in this Clause 28.5 (including any approval of the Authority's Representative pursuant to Schedule 19 (Project Management)) shall prevent the Authority from awarding Unavailability Deductions and/or Service Performance Deductions in accordance with Schedule 13 (Payment Mechanism).
Unplanned Maintenance. Any time during which the Front End Hosted Services are unavailable to Eligible Employees and Eligible Dependents due to maintenance or other activity by 1Life, which exceeds the permitted time allotment, or which occurs outside of the foregoing permitted planned maintenance windows listed above in 6.4 (A)hours (“Unplanned Maintenance”), then 1Life will provide commercially reasonable notice (e-mail or other options such as posting to an availability website are acceptable) to Google. Unplanned Maintenance will be included in the calculation of Downtime.
Unplanned Maintenance. This type of maintenance shall be response to an outside plant failure that causes a service-affecting outage that occurs outside the planned maintenance period.
