Exclusion Events definition

Exclusion Events means: (i) acts, omissions, or requests by or on behalf of Customer; (ii) any software, equipment or services provided by or on behalf of Customer or to Customer by a third party, including but not limited to Customer’s ATS and internet access; (iii) Customer’s breach of the Agreement; or (iv) factors outside of Supplier’s reasonable control.
Sample 1Sample 2
Exclusion Events means: (a) fault(s) caused or contributed to by a local access service (also known as a local circuit), whether that local access service is provided by Telstra or a third party, between the Customer’s site and Telstra’s exchange, or Telstra’s Service Provider’s exchange; (b) any fault or lack of Availability caused by the simultaneous failure of two or more international submarine cable systems not wholly-owned or operated by Telstra or its Service Provider for the Service where the fault or lack of Availability would not have occurred if only one such cable system had failed; (c) any fault, lack of Availability or failure, caused or contributed to by: (i) an act or omission of the Customer, a third party (excluding Telstra’s Service Provider), or any of their respective agents, contractors or customers;
Sample 1
Exclusion Events means (i) the Company’s refusal to enter into a relationship with a customer of ACC in respect of Crypto Facilitation or NFT Facilitation, (ii) the Company’s termination of the Crypto Facilitation or NFT Facilitation contract with a customer of ACC, (iii) the Company failing to offer a Crypto Facilitation or NFT Facilitation service (including, solely to the extent applicable with respect to any ACC Customer, coins or digital assets requested by such ACC customer within three months of a request therefor by such ACC Customer) to ACC Customers generally or specifically, or (iv) a breach of the Performance Standard (1) as it relates to uptime, for more than 10% of any thirty (30) consecutive day period, or (2) as it relates to any other aspect of the Performance Standard, continuing over a period of not less than thirty (30) consecutive days (either such instance, a “Performance Standard Breach”); provided that, once such Performance Standard Breach is cured, this clause (iv) shall not apply unless and until another Performance Standard Breach occurs.
Sample 1

Examples of Exclusion Events in a sentence

  • If Better Earth Electric is unable to for any reason beyond what is outlined in the Exclusion Events, it will reimburse the customer in accordance with the Guaranteed Reimbursement details.

  • Downtime means the time (in minutes) that the Authorized Users are not able to log in to the Subscription Service, excluding where such inability results from Scheduled Maintenance or Exclusion Events.

  • Hyperproof agrees that the Services will be available for access and use not less than 99.5% of the time in a given year, provided that (a) that downtime due to regularly scheduled maintenance and Exclusion Events (as defined below) will not count as time during which the Services is not available, and (b) Hyperproof shall not be responsible for unavailability due to Customer’s loss of Internet connectivity (the “Uptime Commitment”).

  • The overall process for the potential exclusion of Statnett is envisaged to include the following steps, subject to the following limitations: The Triggering Parties (i), (iii), and (v) can initiate the process following one of the Exclusion Events (iii) or (iv).

  • Sampling is one of the most important elements in the research paper.

  • Borrowing Base 60 4.01 Initial Borrowing Base 60 4.02 Changes in Borrowing Base Calculation 60 4.03 Requests for Admission into Borrowing Base 61 4.04 Eligibility 61 4.05 Approval 61 4.06 Notice of Changes in Borrowing Base due to Admission of New Borrowing Base Properties 62 4.07 Appraisals of Borrowing Base Properties 62 4.08 Release of Borrowing Base Property 62 4.09 Exclusion Events 63 Section Page 4.10 Guaranties 64 4.11 Documentation Required with Respect to Borrowing Base Properties 64 Article V.

  • Any Investor with respect to which an Exclusion Event has occurred shall thereupon no longer be an Included Investor until such time as all Exclusion Events with respect to such Investor have been cured (i) to the reasonable satisfaction of the Administrative Agent if such investor is a Rated Included Investor or (ii) to the reasonable satisfaction of the Administrative Agent and the Required Lenders if such Investor is a Non-Rated Included Investor.

  • The above notwithstanding, where ScaleMP provides services towards resolving the Warranty Exclusion Events, Licensee shall reimburse ScaleMP for any commercially reasonable costs, expenses and fees incurred in connection with services provided, such costs, expenses and fees not to exceed the original consideration provided by Licensee for the Software.

  • Xxxxxx agrees the Services will be available for access and use not less than 99.0% of the time in a given year, provided: (i) downtime due to regularly scheduled support and Exclusion Events (defined below) will not count as time during which the Services is not available, and (ii) Domino shall not be responsible for unavailability due to Customer’s loss of Internet connectivity (the “Uptime Commitment”).

  • In the event any of the Exclusion Events, for purpose of calculating the Production Year Deficit Payment, if any, the production of the System during such event shall be deemed equal to the average production of the prior Production Years during the same time period.


More Definitions of Exclusion Events

Exclusion Events is defined in Part (2) of Schedule 2.
Sample 1

Related to Exclusion Events

  • Exclusion Event means an event or related events resulting in the exclusion of the Borrower or any Subsidiary from participation in any Medical Reimbursement Programs.

  • Termination Events means each of the events specified in Clause 10.3 of this Contract.

  • Suspension Event As defined in Section 5(b) hereof.

  • Covenant Suspension Event has the meaning assigned to it in Section 3.22(b).

  • Succession Event means an event such as a merger, consolidation, amalgamation, transfer of assets or liabilities, demerger, spin-off or other similar event in which one entity succeeds to the obligations of another entity, whether by operation of law or pursuant to any agreement. Notwithstanding the foregoing, “Succession Event” shall not include an event in which the holders of obligations of the Reference Entity exchange such obligations for the obligations of another entity, unless such exchange occurs in connection with a merger, consolidation, amalgamation, transfer of assets or liabilities, demerger, spin-off or other similar event.

  • Servicer Termination Events (or any analogous term under the Lead Securitization Servicing Agreement) include customary market termination events with respect to failure to make advances, failure to timely remit payments to the Non-Lead Note Holders as required hereunder or under the Lead Securitization Servicing Agreement (subject to no more than one business day grace period), failure to timely deposit amounts into any REO Account or to remit to a Servicer for deposit into a related collection or custodial account, failure to deliver (or cause to be delivered) materials or information required in order for each Non-Lead Note Holder or each Non-Lead Depositor to timely comply with its obligations under the Exchange Act, the Securities Act and Form SF-3, and for rating agency downgrades or other triggers with respect to any certificates issued in connection with a Non-Lead Securitization, subject to customary grace periods (provided that, in the case of failures related to the securities laws, such grace periods will not cause a Non-Lead Depositor to fail to comply with the applicable provisions of such securities laws). Upon the occurrence of such a Servicer Termination Event with respect to the Master Servicer affecting a Non-Lead Securitization Note Holder and the Master Servicer is not otherwise terminated pursuant to the Lead Securitization Servicing Agreement, the Master Servicer shall be required, upon the direction of such Non-Lead Securitization Note Holder, to appoint a subservicer with respect to such Non-Lead Securitization Note. Upon the occurrence of a Servicer Termination Event with respect to the Special Servicer affecting a Non-Lead Securitization Note Holder and the Special Servicer is not otherwise terminated pursuant to the Lead Securitization Servicing Agreement, the Trustee shall, upon direction of such Non-Lead Securitization Note Holder, terminate the Special Servicer with respect to, but only with respect to, the Mortgage Loan;

  • Severe Disruption Event means any event specified as such in the Final Terms.

  • Events means an action or occurrence, at any given location within the Authorized System that causes a Collection System Overflow. An Event ends when there is no recurrence of a CSO or SSO in the collection system at the same location in the 12-hour period following the last Collection System Overflow.

  • Termination Event means an Illegality, a Tax Event or a Tax Event Upon Merger or, if specified to be applicable, a Credit Event Upon Merger or an Additional Termination Event.

  • Application Event means the occurrence of (a) a failure by Borrowers to repay all of the Obligations in full on the Maturity Date, or (b) an Event of Default and the election by Agent or the Required Lenders to require that payments and proceeds of Collateral be applied pursuant to Section 2.4(b)(iii) of this Agreement.

  • Triggering Events means each of the following events:

  • Exclusion period means a period during which specified treatments or services are ex-

  • Valuation Event means an event in which the Company at any time during a Valuation Period takes any of the following actions:

  • Additional Disruption Event means any of Change in Law, Hedging Disruption and/or Increased Cost of Hedging.

  • Fund Disruption Event means any of the following events, as determined by the Determination Agent in its reasonable discretion:

  • PTC Event of Default Means any failure to pay within 10 Business Days of the due date thereof: (i) the outstanding Pool Balance on the Final Legal Distribution Date or (ii) interest due on the Certificates on any Distribution Date (unless the Subordination Agent shall have made an Interest Drawing or Drawings (as defined in the Intercreditor Agreement), or a withdrawal or withdrawals pursuant to Section 3.6(f) of the Intercreditor Agreement, with respect thereto in an aggregate amount sufficient to pay such interest and shall have distributed such amount to the Trustee).

  • Benchmark Transition Event means the occurrence of one or more of the following events with respect to the then-current Benchmark:

  • SOFR Index Cessation Event means the occurrence of one or more of the following events:

  • Indemnification Event means any event, action, proceeding or claim for which a Person is entitled to indemnification under this Agreement.

  • Covenant Trigger Event shall occur at any time that Availability is less than the greater of (a) $12.5 million and (b) 10% of the Line Cap then in effect. Once commenced, a Covenant Trigger Event shall be deemed to be continuing until such time as Availability equals or exceeds the greater of (i) $12.5 million and (ii) 10% of the Line Cap then in effect for 30 consecutive days.

  • Public event means any event that can be attended by the

  • OBFR Index Cessation Event means the occurrence of one or more of the following events:

  • Declaration Event of Default means an “Event of Default” as defined in the Declaration.

  • Senior Event of Default means an Event of Default under a Senior Financing Agreement.

  • Sequential Pay Event means any Event of Default with respect to an obligation to pay money due under the Mortgage Loan, any other Event of Default for which the Mortgage Loan is actually accelerated or any other Event of Default which causes the Mortgage Loan to become a Specially Serviced Loan, or any bankruptcy or insolvency event that constitutes an Event of Default; provided, however, that unless the Servicer has notice or knowledge of such event at least ten (10) Business Days prior to the applicable distribution date, distributions will be made sequentially beginning on the subsequent distribution date; provided, further, that the aforementioned requirement of notice or knowledge will not apply in the case of distribution of the final proceeds of a liquidation or final disposition of the Mortgage Loan. A Sequential Pay Event shall no longer exist to the extent it has been cured (including any cure payment made by the Note B Holder in accordance with Section 11) and shall not be deemed to exist to the extent the Note B Holder is exercising its cure rights under Section 11 or the default that led to the occurrence of such Sequential Pay Event has otherwise been cured or waived.

  • Acquisition Event means a merger or consolidation in which the Company is not the surviving entity, any transaction that results in the acquisition of all or substantially all of the Company’s outstanding Common Stock by a single person or entity or by a group of persons and/or entities acting in concert, or the sale or transfer of all or substantially all of the Company’s assets.