Delaying Event definition

Delaying Event means any failure of a Party to perform any of its obligations set forth in this Agreement, caused in whole or in part by:

Delaying Event means (a) any failure of a Party to perform any of its obligations set forth in this Agreement, caused in whole or in part by (i) the failure of the other Party to perform any of its obligations set forth in this Agreement (including the Implementation Schedule and the Implementation Plan), or (ii) any delay, act or failure to act by the other Party or its Customer, agent or subcontractor or (b) any Force Majeure Event.

Delaying Event means a Market Disruption Event for a Settlement Value Security or a Relevant Index which occurs on the relevant Calculation Day.

Examples of Delaying Event in a sentence

• No Party shall be responsible for delays or failures in performance of any part of this Agreement (other than an obligation to make monetary payments) resulting from a “Force Majeure Event” or any Delaying Event caused by the other Party or any other circumstances beyond the Party’s reasonable control.

• Without limiting the generality of circumstances or occurrences that shall constitute a Delaying Event, examples of Delaying Events include, but are not limited to, strikes, shortages of power or other utility services, materials or transportation, acts of government or of God, sabotage, insurrection and civil war.

• If a Delaying Event (i) prevents a Party from performing an activity, then such activity will be excluded from the calculation of SBC-13STATE’s compliance with the Performance Criteria, or (ii) only suspends SBC-13STATE’s ability to timely perform the activity, the applicable time frame in which SBC-13STATE’s compliance with the Performance Criteria is measured will be extended on an hour-for-hour or day-for-day basis, as applicable, equal to the duration of the Delaying Event.

• The amount payable upon a Redemption of each $1,000 principal amount of Securities (the "Redemption Payment Amount") shall equal (i) the greater of (a) $1,000 and (b) the Alternative Redemption Amount and (ii) any accrued but unpaid interest through but excluding the Non-Delaying Event Redemption Date or, if a Delaying Event occurs, through the Delaying Event Redemption Date.

• The amount payable upon a Repurchase of each $1,000 principal amount of Securities (the "Repurchase Payment Amount") shall equal (i) the Alternative Redemption Amount and (ii) any accrued but unpaid interest through the Non-Delaying Event Repurchase Date or, if a Delaying Event occurs, through but excluding the Delaying Event Repurchase Date.

More Definitions of Delaying Event

Delaying Event means (a) a failure by Focal to perform any of its obligations set forth in this Agreement (including, without limitation, the Implementation Schedule and the Joint Grooming Plan), (b) any delay, act or failure to act by a Customer, agent, representative, or subcontractor of Focal or (c) any Force Majeure Event. If a Delaying Event prevents or delays BA from performing a Specified Activity, then such Specified Activity shall be excluded from the calculation of BA's compliance with the Performance Criteria, provided BA performs the Specified Activity in the course of its normal service cycle once the Delaying Event no longer exists; or

Delaying Event means: (a) a failure by Covad to perform any of its obligations set forth in this Agreement; (b) any delay, act or failure to act by Covad or a customer, end-user, agent, affiliate, representative, vendor, or contractor of Covad; (c) any Force Majeure Event as defined in Section 28.3; (d) any event, delay, act or failure to act, beyond the reasonable control of BA; or, (e) such other event, delay, act or failure to act upon which the Parties may agree. In calculating a Performance Metric, BA may adjust the performance data to exclude any negative effect upon BA's meeting the standard for the Performance Metric caused by a Delaying Event. If, pursuant to this Section 2.3.1, BA adjusts performance data to exclude a negative effect upon BA's meeting the standard for a Performance Metric caused by a Delaying Event, BA shall provide to Covad a reasonably detailed description of the adjustment. If Covad disputes the appropriateness of the adjustment, either Party may seek resolution of the dispute in accordance with Section 28.11 of the Agreement.

Delaying Event means a Market Disruption Event for a Settlement Value Security occurs on the relevant Calculation Day.

Delaying Event means: (a) any failure of a Party to perform any of its obligations set forth in this Agreement, caused in whole or in part by (i) the failure of the other Party to perform any of its obligations set forth in this Agreement, or (ii) any delay, act or failure to act by the other Party or its End User, agent or subcontractor, or (b) any Force Majeure Event.

Delaying Event means any failure of a Party to perform any of its obligations set forth in this Agreement, caused in

Delaying Event means a Market Disruption Event for the Index that occurs on the relevant Calculation Day.

Delaying Event means: (a) any failure of a Party to perform any of its obligations set forth in this Agreement, caused in whole or in part by (i) the failure of the other Party to perform any of its obligations set forth in this Agreement, or (ii) any delay, act or failure to act by the other Party or its End User, agent or subcontractor, or (b) any Force Majeure Event. “Delivery Date” is as defined in Article XXII, Sections 12.15.2(d) and 12.15.3(d). “Derivative Information” is as defined in Article XX, Section 20.1.1(b).