Downtime Event definition
Downtime Event means, with respect to any Facility Segment, or, as applicable, all of the Facilities Segments of an Individual System, a period during which Midstream Co is unable to receive Product into the central facility of such Facility Segment for a reason other than (i) Force Majeure, (ii) an event or condition downstream of the Individual System of which such Facility Segment is a part that was not caused by Midstream Co, (iii) planned maintenance for which Midstream Co provided notice as described in Section 5.5(b)(ii), or (iv) Producer’s production exceeding the production forecast in the Development Report on which the applicable Facility Segment was based.
Downtime Event means a period during which all or a portion of the Gathering System was unavailable to provide Gathering Services.
Downtime Event means a period during which an Individual System was unavailable to provide Services for a reason other than (i) Force Majeure, (ii) an event or condition downstream of the Individual System that was not caused by Midstream Co or (iii) planned maintenance for which Midstream Co provided notice as described in Section 5.5(b)(ii).
Examples of Downtime Event in a sentence
For the avoidance of doubt, only the highest penalty set forth on Exhibit I-1 shall be applicable to a Downtime Event.
In the event any Web Site experiences a Downtime Event (as defined in the Web Hosting Specifications) caused by a Web Site data file corruption, Publisher shall receive credit or credits against the Monthly Maintenance Fee as specified in Section 6.3 of this Agreement.
At all times during which the Parties to this Agreement are also party to another Transaction Document that covers Crude Oil, Downtime Hours shall not accrue under this Agreement during the period of time in which a Downtime Event with respect to a Facility Segment connecting to a central facility on the System is occurring at the same time a Downtime Event with respect to a Facility Segment connecting to the same central facility on the Crude Oil Gathering System is occurring.
If (i) there has been a Downtime Event and (ii) such Downtime Event caused the Downtime Duration for any facility on an Individual System during any such calendar quarter to extend for the duration shown on Exhibit B, then the applicable Individual First Phase Fee shall be reduced as set forth in Exhibit B for such duration.
Downtime or unavailability resulting from Scheduled Maintenance shall not constitute a Qualified Downtime Event or qualify for any Service Credit.
More Definitions of Downtime Event
Downtime Event means, (i) with respect to any facility on an Individual System that is designed for the purpose of storing Fresh Water, an event that results in the loss of 10% or more of the Fresh Water that should have been stored in such facility at such time, except for any such event arising from Force Majeure and (ii) with respect to any facility on an Individual System that is designed for the purpose of transporting and delivering Fresh Water to Producer at a Delivery Point that is not a Retention Facility, an event that prevents Midstream Co from delivering to such Delivery Point all or a portion of the quantity of Fresh Water requested by Producer for a reason other than Force Majeure; provided that to the extent Producer requests Fresh Water in a quantity exceeding the amount required to be delivered by Midstream Co hereunder, then a Downtime Event shall only occur with respect to the quantity of Fresh Water that Midstream Co is obligated to deliver hereunder. Notwithstanding the foregoing, no event described in Section 5.5(a) shall constitute a Downtime Event, and no event described in Section 5.5(b) shall constitute a Downtime Event so long as Midstream Co has complied with the notice provisions set forth therein.
Downtime Event means the time in which a SpotInst Service is unavailable to the Customer as measured and determined solely by SpotInst based on its servers. Downtime Events shall exclude: planned downtime events announced in-advance by SpotInst, including without limitation, for periodic upgrade and maintenance; and/or any time where SpotInst is awaiting information from the Customer or awaiting Customer confirmation that the Service has been restored.
Downtime Event means the time in which a Company Service is unavailable to the Customer as measured and determined solely by Company based on its servers. Downtime Events shall exclude: planned downtime events announced in-advance by Company, including without limitation, for periodic upgrade and maintenance; and/or any time where Company is awaiting information from the Customer or awaiting Customer confirmation that the Service has been restored.
Downtime Event means any continuous [***] week period of time during normal business operating hours when (a) the Nitrogen Facility was operating at less than [***]% of its standard operating capacity for such business day or (b) the CC Assets, the CC Pipeline or the NBU CO2-EOR Project were not capable of capturing, transporting or sequestering (respectively) substantially all of the carbon oxides delivered by the Nitrogen Facility for such business day; provided, that in each case it shall not be considered a Downtime Event for any ordinary course planned maintenance activities.
Downtime Event means, with respect to the Gathering System or any Individual System, a period during which all or a portion of the Gathering System or such Individual System was unavailable to provide Gathering Services, due to reasons other than (a) Force Majeure (including any deemed events of Force Majeure under Sections 4.7 and 11.3) and/or (b) Gatherer’s failure to provide Compression Services for any Compression Obligation Receipt Point on such Individual System in accordance with this Agreement (for which remedies are provided under Sections 2.5(a)(iv) and 5.2(c)).
Downtime Event means, with respect to the Gathering System or any Individual System , a period during which all or a portion of the Gathering System or such Individual System (or any other Individual System impacted thereby) was unavailable to provide Gathering Services, due to reasons other than (a) Force Majeure (including any deemed events of Force Majeure under Sections 4.7, 11.3 and 11.5) and/or (b) Gatherer’s failure to provide Compression Services for any Compression Obligation Receipt Point on such Individual System in accordance with this Agreement (for which remedies are provided under Sections 2.5(a)(iv) and 5.2(c)).
Downtime Event means each unscheduled incident when any Equipment is inoperable (unavailable to treat or diagnose patients, produce diagnostic images, report results, or process samples), beginning when a documented Customer notification of each Downtime Event is received by Hologic and continuing until the Equipment is restored to operable condition in accordance with Specifications. A Downtime Event excludes (i) any scheduled downtime event, including but not limited to preventive maintenance, proactive parts replacement, or installation of Software updates or upgrades; and (ii) repairs or adjustments to the Equipment required due to misuse, operator error, negligence of Customer or its employees or agents, or inadequate environmental conditions, including but not limited to air conditioning conditions or failure, power failure, or supply of power below or in excess of the Equipment Specifications. If Hologic is notified of a Downtime Event outside the applicable Hours of Operation, Downtime will commence at the start of Hours of Operation on the following business day.