49A Sample Clauses
49A. As soon as possible after a Service Event has been notified to the Helpdesk or after DBFM Co has itself or by a Service Provider become aware of a Service Event, if it considers that the Service Event was caused by malicious damage by a person other than a DBFM Co Party, DBFM Co must verbally inform the Helpdesk and the [Authority’s Representative] (a “Malicious Damage Report”). Where it is reasonably practicable for it to do so without prejudicing its ability to achieve Rectification of the Service Event within the Rectification Period and subject to any immediate steps that it requires to take to make the Facilities safe, it must allow the [Authority’s Representative] an opportunity to inspect the evidence it relies on to support its claim that malicious damage caused the Service Event concerned before carrying out Rectification and, where this is not reasonably practicable, DBFM Co must take reasonable steps to preserve or record in a suitable manner any such evidence and forthwith make that record available to the Authority.
49A. 03 Upgrade-Related Rights:
49A. As soon as possible after a Service Event has been notified to the Helpdesk or after DBFM Co has itself or by a Service Provider become aware of a Service Event, if it considers that the Service Event was caused by malicious damage by a person other than a DBFM Co Party, DBFM Co must verbally inform the Helpdesk and the Authority’s Representative (a “Malicious Damage Report”). Where it is reasonably practicable for it to do so without prejudicing its ability to achieve Rectification of the Service Event within the Rectification Period and subject to any immediate steps that it requires to take to make the Facilities safe, it must allow the Authority’s Representative an opportunity to inspect the evidence it relies on to support its claim that malicious damage caused the Service Event concerned before carrying out Rectification and, where this is not reasonably practicable, DBFM Co must take reasonable steps to preserve or record in a suitable manner any such evidence and forthwith make that record available to the Authority.
49A. If the Authority's Representative agrees in accordance with Clause 49A.2 that a Service Event was caused by malicious damage by a person other than a DBFM Co Party, except when Clause 49A.3.3 applies, DBFM Co shall not Rectify the Service Event beyond what is required by Clause 49A.3.1 unless instructed by the Authority to do so as an Authority Change under Schedule Part 16 (Change Protocol).
49A. Lease shall mean the lease of real property with the terms and conditions set forth on Exhibit D attached hereto.
49A. If the Authority's Representative agrees in accordance with Clause 49A.2 that a Service Event was caused by malicious damage by a person other than a Sub-hubco Party, except when Clause 49A.3.3 applies, Sub-hubco shall not Rectify the Service Event beyond what is required by Clause 49A.3.1 unless instructed by the Authority to do so as an Authority Change under Schedule Part 16 (Change Protocol).
49A. 04 Upgrade Request: A request pursuant to Section 7.8 of Schedule 1 of the Operating Agreement, submitted in the form prescribed in Attachment EE of the Tariff, for evaluation by the Transmission Provider of the feasibility and estimated costs of, (a) a particular proposed Customer-Funded Upgrade or (b) the Customer-Funded Upgrades that would be needed to provide the Incremented Auction Revenue Rights specified in the request.
49A. Initial Loan Agreement" shall mean that certain Loan and Security Agreement dated as of January 4, 2001 by and between Wachovia Capital Finance Corporation (New England) (f/k/a Congress Financial Corporation (New England)), Proliance International, Inc. (f/k/a Transpro, Inc.) and Ready Aire, Inc. (f/k/a Evap, Inc.) and all amendments thereto.