Availability Warranty Sample Clauses

Availability Warranty. The Supplier shall not be liable for any defects in the System (hardware and/or Software) resulting from:
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Availability Warranty. During the Warranty Period, Seller warrants that the Wind Turbines, when installed in accordance with the Erection and Installation Manual, will achieve not less than [ * *] percent Availability for the six-month period after the Final Completion Date and not less than [* *] Availability for the six-month period thereafter, and for each of the subsequent years of the Warranty Period (“Guaranteed Availability”). Availability shall be measured in accordance with Exhibit R. To the extent the Wind Turbines fail to achieve the minimum levels of Availability stated in this Section 10.6 during any applicable period, Seller agrees and acknowledges that Owner will suffer damages in the form of lost revenues and income and agrees to pay Owner damages in amounts calculated in the manner set forth in Exhibit R (the “Availability Liquidated Damages”). The parties agree that the Availability Liquidated Damages are a reasonable approximation of the losses and damages likely to be suffered by Owner and are not intended to be punitive or excessive, and shall be payable notwithstanding any provision of this Agreement otherwise limiting consequential damages. Seller’s aggregate liability for liquidated damages under this Section 10.6 shall not exceed an amount equal to [* *] of the Contract Price actually paid by Owner to Seller.
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Availability Warranty. During the Warranty Period, Supplier warrants that the Turbines, when installed in accordance with the Installation Manual, will, on average, be capable of collectively operating at a level of no less than ninety (90) percent availability for the six-month period after the Final Acceptance Date and no less than ninety-five (95) percent availability for the six month period thereafter, and each of the subsequent years of the Warranty Period (“Guaranteed Average Availability”). Availability shall be measured in accordance with Exhibit K. To the extent the Turbines fail to be capable of collectively operating at the required minimum level during any applicable period, Supplier agrees and acknowledges that Owner will suffer damages in the form of lost revenues and income and agrees to pay Owner damages in amounts calculated in the manner set forth in Exhibit K.. The parties agree that the Availability Liquidated Damages are a reasonable approximation of the losses and damages likely to be suffered by Owner and are not intended to be punitive or excessive, and shall be payable notwithstanding any provision of this Agreement otherwise limiting consequential damages. Supplier’s aggregate liability for liquidated damages under this Section 6.6 shall not exceed an amount equal to ten percent (10%) of the Contract Price actually paid by Owner to Supplier.
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Availability Warranty. 8.1 The Service is provided with no warranty whatsoever save as set out in this condition 8. All other warranties, conditions and guarantees are excluded to the fullest extent permitted by law, unless expressly provided for elsewhere in this Agreement. In particular, SCGSW does not guarantee that the Services will be uninterrupted or error free, that the Services will be continuous or uninterrupted, nor that the Services are free of viruses, malware or any malicious or disabling code.
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Availability Warranty. QUALCOMM warrants that it shall maintain those elements of the QUALCOMM Service that are under the control of QUALCOMM (and specifically excluding the force majeure events set forth in this Section 4.1 below, which force majeure events include
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Availability Warranty. The Contractor warrants to the Buyer, for each annual period during the Term, that the annual average Availability of the Wind Farm calculated at the end of each such annual period shall be no less than [at least 95%]. For each annual period, the average Availability of the Wind Farm will be calculated as the arithmetical average of the Availabilities of each and every one of the WTGs. If the annual average Availability of the Wind Farm (“AA”) is less than the Availability Warranty (“AW”),
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Related to Availability Warranty

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • Extended Warranty If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a 5-year term, which includes the hardware manufacturer’s warranty plus the 4-year extended term.

  • Virus Warranty The Contractor represents and warrants that Licensed Software contains no known viruses. Contractor is not responsible for viruses introduced at Licensee’s site.

  • General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.

  • Availability of Rule 144 The Purchaser shall not be obligated to register shares of DocuNet Common Stock held by the Seller at any time when the resale provisions of Rule 144(k) (or any similar or successor Seller provision) promulgated under the Securities Act are available to the Seller.

  • Warranty Limitation We do not warrant that the operation of Software will be uninterrupted or error free, or that Software will operate in hardware and Software combinations other than as expressly required by us in the Product specifications or that Software will meet your requirements.

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • Closing Availability After giving effect to all Borrowings to be made on the Effective Date and the issuance of any Letters of Credit on the Effective Date and payment of all fees and expenses due hereunder, and with all of the Loan Parties’ Indebtedness, the Borrowers’ Availability shall not be less than $500,000.

  • Funding Availability This Contract is at all times subject to state appropriations. The Department makes no express or implied representation or guarantee of continued or future funding under this Contract. The Department has, as of the date of the execution of this Contract, obtained all requisite approvals and authority to enter into and perform its obligations under this Contract, including, without limitation, the obligation to make the initial payment or payments required to be made under this Contract on the date or dates upon which such initial payment or payments may otherwise be disbursed during the current contract period, (i.e., Sept ember 1, 2015, through August 31, 2017). The Grantee acknowledges the Department’s authority to make such payments is contingent upon the Texas Legislature's appropriation to the Department of sufficient funds and the availability of funds to the Department for such purpose. If the State of Texas or the federal government terminates its appropriation through the Department or fails to pay the full amount of the allocation for the operation of any grant or reimbursement program hereunder , or the funds are otherwise unavailable, the Department may immediately and without penalty reduce payments or terminate this Contract, in whole or in part. Upon termination of the Contract or reduction of payments, the Grantee shall return to the Department any unexpended funds already disbursed to the Grantee. Neither the Department nor the State of Texas shall incur liability for damages or any loss that may be caused or associated with such termination or reduction of payments. The Department shall not be required to give prior notice for termination or reduction of payments.

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