Excluded Event means any event specifically excluded from the covers granted under an individual Policy Section or any event excluded in the “General exclusions applicable to all Sections of this Policy”.
Excluded Event means any default or acceleration under the Credit Agreement described in the definition of Senior Credit Facilities as in effect on the Issue Date pursuant to which the Company or any Restricted Subsidiary is a borrower or guarantor thereunder subject to a $150,000,000 sublimit thereunder (and any amendments, extensions, modifications, refinancings, refundings, renewals, restatements or supplements thereof so long as the Company or any Restricted Subsidiary is a borrower or guarantor thereunder and is subject to the $150,000,000 sublimit thereunder), if such default or acceleration results from, or is attributable to, any event, condition or circumstance (including a CCU Credit Event) attributable to CCU and its Subsidiaries other than the Company and its Subsidiaries so long as, to the extent legally permitted to do so (including pursuant to any suit or other legal proceeding in a court of competent jurisdiction related to a CCU Credit Event), the Company and its Subsidiaries have repaid (or reserved or set aside cash for repayment in a restricted account) the principal amount equal to the Indebtedness and other Obligations owed by the Company and its Subsidiaries under such Credit Agreement.
Excluded Event means the taking of any action, or the adoption of any law, rule or regulation, by any governmental authority which results in a deficiency that would otherwise give rise to a Default or Event of Default under any of Sections 10.07, 10.08, 10.11(b), 10.11(c) and/or 10.12; provided that (i) any such deficiency or default shall relate solely to a Foreign Subsidiary of the U.S. Borrower (other than a Foreign Subsidiary organized under the laws of Bermuda), its business or properties and the Credit Documents to which such Foreign Subsidiary is a party and (ii) the aggregate Fair Market Value of all Property of all Foreign Subsidiaries subject to any such deficiencies or defaults (including all Property which would have been Property of the respective Foreign Subsidiaries if the actions described in Section 10.12 had not been taken) shall not exceed $15,000,000.
Examples of Excluded Event in a sentence
This Service Level Agreement and any remedies hereunder will not apply in the case of an Excluded Event.
The support services do not include: - diagnosis or rectification of problems associated with the other systems, software or equipment of the client or any third party; - customisation or configuration services in respect of the solution; - IT consultancy services; - the rectification of errors that do not significantly impair or affect the operation or performance of the solution; - support rendered more difficult by an Excluded Event; - operational advice and assistance to users; or - training services.
More Definitions of Excluded Event
Excluded Event means any of:
Excluded Event means any event that results in an Outage and is caused by (a) the acts or omissions of Customer, its employees, customers, contractors or agents; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by Kronos, including without limitation Customer Content, failures or malfunctions resulting from circuits provided by Customer, any inconsistencies or changes in Customer’s source environment, including either intentional or accidental connections or disconnections to the environment; (c) Force Majeure events; (d) expected downtime during the Maintenance Periods described below; (e) any suspension of the Services in accordance with the terms of the Agreement to which this Exhibit A is attached; (f) the unavailability of required Customer personnel, including as a result of failure to provide Kronos with accurate, current contact information; or (g) using an Application in a manner inconsistent with the Documentation for such Application.
Excluded Event means the taking of any action, or the adoption of any law, rule or regulation, by any governmental authority which results in a deficiency that would otherwise give rise to a Default or Event of Default under any of Sections 10.07, 10.08, 10.11(b), 10.11(c) and/or 10.12; provided that (i) any such deficiency or default shall relate solely to a Foreign Subsidiary of Holdings (other than a Foreign Subsidiary organized under the laws of Bermuda), its business or properties and the Credit Documents to which such Foreign Subsidiary is a party and (ii) the aggregate fair market value of all Property of all Foreign Subsidiaries subject to any such deficiencies or defaults (including all Property which would have been Property of the respective Foreign Subsidiaries if the actions described in Section 10.12 had not been taken) shall not exceed $15,000,000.
Excluded Event means (i) scheduled maintenance windows of which Client is notified at least 24 hours in advance and which occur outside of normal business hours; (ii) scheduled repairs of not more than two hours duration in any one week period of which Client is notified at least four hours in advance and which occur outside of normal business hours; (iii) critical repairs including security updates where advance notice cannot be reasonably provided; (iv) interruptions caused by transmission errors, Internet service providers, vandalism, user error or other factors beyond Origami’s or its direct service providers’ reasonable control; or (v) interruptions caused by any act or omission of Client (including any employee, contractor, agent, customer, investor, consultant or third party user of Client or any of Client’s affiliates who uses or accesses the service), including any failure or delay in the performance of its obligations or failure of Client’s equipment or non-Origami software. The Availability Requirement applies only to Origami’s production environment and not to Origami’s staging environment.
Excluded Event means any event that results in an Outage and is caused by (a) the acts or omissions of Ordering Activity, its employees, customers, contractors or agents; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by Kronos, including without limitation Ordering Activity Content, failures or malfunctions resulting from circuits provided by Ordering Activity, any inconsistencies or changes in Ordering Activity’s source environment, including either intentional or accidental connections or disconnections to the environment; (c) excusable delay events as defined in FAR 52.212-4(f); (c) scheduled or emergency maintenance, alteration or implementation provided during the Maintenance Period defined below; (d) any suspension of the Services in accordance with the terms of the Section D to which this Exhibit D-2 is attached; (e) the unavailability of required Ordering Activity personnel, including as a result of failure to provide Kronos with accurate, current contact information; or (f) using an Application in a manner inconsistent with the product documentation for such Application.
Excluded Event means any of the events set out in Schedule 2 Part 2 (Exclusions); Incident means any fault, issue, matter or notice relating to any Customer Equipment; Input Material means all Documents, information and materials provided by the Customer relating to the Services or Equipment, including computer programs, data, reports and specifications; Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in any territory in or in relation to patents, rights in inventions, copyright and related rights, moral rights, database rights, rights in designs, semi-conductor topography rights, trade marks, business and domain names, rights in goodwill or to xxx for passing off, and other similar or equivalent rights or forms of protection (whether or not registered or registrable) and all applications (and rights to apply) for, and for renewals and extensions of, any such rights as may now or in the future exist anywhere in the world; Logistics Services means the procurement of Spares together with a courier service for those Spares to any End User’s Sites; MACD Services means the provision of “moves, additions, changes and deletions”, being engineering services within the scope of this Agreement which Chess is requested to carry out by the Customer; Maintenance Support Services means the Services to be provided by Chess which are necessary to attend to and/or resolve Incidents affecting Equipment on the Supported Equipment List; Minimum Term means the initial term from and including the relevant Commencement Date during which Services are to be performed pursuant to, and as stated in the Order Form or Voice Recording; Non-Standard Project Services means Project Services other than Standard Project Services; Normal Working Hours means 09:00 to 17:30 on a Working Day; Order Form means the form detailing the Maintenance Support Services and any other Services as detailed in this Agreement; Per Event Services means any of the following services: - Logistics Services; - Routine Maintenance Services; and - MACD Services Personal Data has the meaning set out in the DPA; Pre-existing Materials means all Documents, information and materials provided by Chess relating to the Services which existed prior to the Commencement Date of the relevant Order Form, including computer programs, data, reports and specifications;
Excluded Event means any event that results in an Outage and is caused by (a) the acts or omissions of City, its employees, customers, contractors or agents; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by Consultant or its consultants;(c) Force Majeure events, excluding acts resulting in a breach of Confidential Information or Personally Identifiable Information; (d) scheduled or emergency maintenance, alteration or implementation provided during the Maintenance Period defined below; (e) any suspension of the services in accordance with the terms of the Contract; (f) the unavailability of required City personnel, including as a result of failure to provide Consultant with accurate, current contact information; or (g) using an Application in a manner inconsistent with the product documentation for such Application.