Capacity Availability Clause Samples

Capacity Availability. 3.1 Provider shall make available to MCI, in response to any electronically transmitted requests from MCI, Capacity as specifically provided for in any ASR or Service Agreement which may be entered into by the parties, subject to the terms of this Agreement. A sample form of the Service Agreement is attached hereto as Exhibit B. 3.2 The metropolitan areas and building locations in which Provider's Network is currently able to furnish Capacity to MCI are listed in Exhibit C attached hereto and made a part hereof. Provider shall have the right, at any time and from time to time during the term of this Agreement, to provide MCI with a revised list of metropolitan areas and building locations, in a format acceptable to MCI. Upon receipt by MCI, any such revised list shall be automatically attached hereto as an amended Exhibit C. 3.3 To order Capacity to be furnished at a building location included in Exhibit C, MCI shall electronically submit an Access Service Request (herein referred to as "ASR") to Provider, including the requested date of service. Within five (5) business days after receipt of the ASR, Provider shall electronically issue a Firm Order Commitment (hereinafter referred to as "FOC") to MCI. MCI shall have the right, in its sole discretion, to cancel the ASR, without incurring any termination liability, at any time prior to receiving the FOC or in the event the Capacity is not provided by the in-service date set forth in the FOC, unless the delay in providing the service is directly attributable to MCI or its Customer for the requested Capacity. In the event the Capacity is not provided by the in-service date set forth in the FOC, and the delay in providing the service is not directly attributable to MCI or its Customer, and MCI chooses not to cancel the ASR, Provider will waive non-recurring charges associated with the Capacity ordered. Under no circumstances shall MCI be billed for use of a circuit prior to installation. The requirements for electronically issuing an ASR and an FOC are further defined in Exhibit D attached hereto and made a part hereof. For the first ninety (90) days of the term of this Agreement, the parties may continue to use Provider's current method for receiving service orders and returning order commitments. Provider shall use its best efforts to transition its access service ordering system to conform to the requirements set forth in Exhibit D within ninety (90) days of the date of this Agreement; provided, however, th...

Capacity Availability. The Concessionaire shall ensure that during the Operation Period, the capacity of I&C Facility available for Vehicle Testing is not less than the Capacity, failing which Damages shall be payable to the Authority in accordance with the provisions of Clause 27.3 hereto.

Capacity Availability. In sizing the cable to be installed on any Route Segment, Grantee will take into consideration the possibility that it will need to accommodate an entity whose request for attachment to Grantor's structures along any installed Route Segment cannot be accommodated due to lack of space on Grantor's structures (a "Disappointed Attacher").

Capacity Availability. 95.0% measured over one calendar month period. Capacity is measured in system hours, which is the number of DGX systems dedicated to you times the number of hours that you are committed in a given month. A DGX system is considered available when at least 1 GPU is available enabling at least one job to execute on the GPU using the NVIDIA DGX Cloud. Capacity Availability is the delivered system hours divided by the committed system hours for a calendar month. To calculate Capacity Availability, NVIDIA uses a combination of methods, including information from NVIDIA’s event monitoring systems and logs and observing external causes that may impact the services (to the extent known to NVIDIA) and matching these findings with job metrics and customer reports to determine the actual loss time frame. Capacity Availability will be tracked every 60 minutes, and any gaps shorter than 60 minutes in duration will not be included in the calculations. If a capacity shortfall does not cause customer impact, it shall not count against the SLA.

Capacity Availability