Chronic Outages Sample Clauses

Chronic Outages. If Company determines in its reasonable discretion that Customer is experiencing chronic outages, then Company may, in its discretion and at its expense, investigate the nature of the recurring problem. Within ten business days of the conclusion of Company’s investigation, Company and Customer technical representatives will discuss the results of the investigation. If Company, in its reasonable discretion, determines that Customer’s equipment, network or infrastructure requires upgrades or additions to prevent chronic outages, then Customer shall not be eligible for future credits if Customer does not repair, upgrade or otherwise make required changes. If Customer requests such an investigation and Customer’s equipment, network or infrastructure is determined by Company to be the cause of such chronic outages, Customer shall pay Company for the investigation at Company’s then current time and expense rates. If a lack of prior recommended upgrades or additions is the cause of the chronic outages, then Customer shall pay Company for the investigation at Company’s then current time and expense rates.
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Chronic Outages. If Learning Objects reasonably determines Subscriber experienced chronic outages, Learning Objects may, in its reasonable discretion, investigate the nature of any recurring problem. Subscriber may also request such investigation. Within ten (10) business days of the conclusion of Learning Objects’ investigation, Learning Objects and Subscriber technical representatives will discuss the results of such investigation. If Learning Objects reasonably determines, and notifies Subscriber, that the Subscriber Customer Data requires modifications to prevent chronic outages, then Subscriber shall not be eligible for credits and may be subject to additional charges unless Subscriber implements such modifications. If Learning Objects reasonably determines that the Learning Objects Infrastructure is causing chronic outages, then Learning Objects will repair the Learning Objects Infrastructure at its sole expense.
Sample 1
Chronic Outages. If a Private Line circuit meets the definition of Chronic Outage, as such term is defined below in subsection (iii) below, Global Crossing will provide Covista with a chronic outage credit in the amount of 25% of the Monthly Circuit Value.
Sample 1
Chronic Outages. An On-Net Circuit suffers from Chronic Outages if such On-Net Circuit, measured over any calendar month, experiences more than five unrelated (5) Outages, or more than forty-eight (48) aggregate hours of Outages. Subject to Sections 10.2 and 10.3 below, Customer may as its sole and exclusive remedy for Chronic Outages, upon thirty (30) days' prior written notice to Qwest, terminate the affected On-Net Circuit without further obligation.
Sample 1
Chronic Outages. If cumulative Monthly Service Unavailability, as evidenced by Outages supported by trouble tickets, exceeds a threshold specified on the Service Schedule during three consecutive months, or six months in any 12-month period, then the Subscriber may proceed to Early Termination (see section 6.1) by notifying Beanfield within 24 hours of opening the related trouble ticket.
Sample 1

Related to Chronic Outages

  • Sickness In the event that an employee requires hospitalization or is seriously ill during his/her annual vacation period, the employee shall, upon request and upon presentation of a physician's statement, apply the period of illness or hospitalization to sick leave rather than vacation, provided the sick bank is not used. The employee must inform the College of the claim within one (1) week of returning to work.

  • Force Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following:

  • Illness injury, or pregnancy-related condition of a member of the employee’s immediate family where the employee’s presence is reasonably necessary for the health and welfare of the employee or affected family member;

  • Emergencies 10.3.1 In any emergency affecting the safety of persons or property, the Contractor shall act to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Article 12 for Changes in the Work.

  • Interruptions There shall be no abatement of rent and Lessor shall not be liable in any respect whatsoever for the inadequacy, stoppage, interruption or discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair or other cause beyond Lessor's reasonable control or in cooperation with governmental request or directions.

  • Service Level In the event that League InfoSight discovers or is notified by you of the existence of Non-Scheduled Downtime, we will use commercially reasonable efforts to determine the source of the problem and attempt to resolve it as quickly as possible.

  • Force Majeure Delays In any case where either party hereto is required to do any act (other than the payment of money), delays caused by or resulting from Acts of God or Nature, war, civil commotion, fire, flood or other casualty, labor difficulties, shortages of labor or materials or equipment, government regulations, delay by government or regulatory agencies with respect to approval or permit process, unusually severe weather, or other causes beyond such party’s reasonable control the time during which act shall be completed, shall be deemed to be extended by the period of such delay, whether such time be designated by a fixed date, a fixed time or “a reasonable time.”

  • Service Levels Annex 1 to this Part A of this Call Off Schedule sets out the Service Levels the performance of which the Parties have agreed to measure. The Supplier shall monitor its performance of this Call Off Contract by reference to the relevant performance criteria for achieving the Service Levels shown in Annex 1 to this Part A of this Call Off Schedule (the Service Level Performance Criteria) and shall send the Customer a Performance Monitoring Report detailing the level of service which was achieved in accordance with the provisions of Part B (Performance Monitoring) of this Call Off Schedule. The Supplier shall, at all times, provide the Services in such a manner that the Service Levels Performance Measures are achieved. If the level of performance of the Supplier of any element of the provision by it of the Services during the Call Off Contract Period: is likely to or fails to meet any Service Level Performance Measure or is likely to cause or causes a Critical Service Failure to occur, the Supplier shall immediately notify the Customer in writing and the Customer, in its absolute discretion and without prejudice to any other of its rights howsoever arising including under Clause 12 of this Call Off Contract (Service Levels and Service Credits), may: require the Supplier to immediately take all remedial action that is reasonable to mitigate the impact on the Customer and to rectify or prevent a Service Level Failure or Critical Service Level Failure from taking place or recurring; and if the action taken under paragraph (a) above has not already prevented or remedied the Service Level Failure or Critical Service Level Failure, the Customer shall be entitled to instruct the Supplier to comply with the Rectification Plan Process; or if a Service Level Failure has occurred, deduct from the Call Off Contract Charges the applicable Service Level Credits payable by the Supplier to the Customer in accordance with the calculation formula set out in Annex 1 of this Part A of this Call Off Schedule; or if a Critical Service Level Failure has occurred, exercise its right to Compensation for Critical Service Level Failure in accordance with Clause 13 of this Call Off Contract (Critical Service Level Failure) (including subject, for the avoidance of doubt, the proviso in Clause 13.1.2 of this Call Off Contract in relation to Material Breach). Approval and implementation by the Customer of any Rectification Plan shall not relieve the Supplier of any continuing responsibility to achieve the Service Levels, or remedy any failure to do so, and no estoppels or waiver shall arise from any such Approval and/or implementation by the Customer. SERVICE CREDITS Annex 1 to this Part A of this Call Off Schedule sets out the formula used to calculate a Service Credit payable to the Customer as a result of a Service Level Failure in a given service period which, for the purpose of this Call Off Schedule, shall be a recurrent period of [one Month] during the Call Off Contract Period (the Service Period).

  • Sprinkler System If there now is or shall be installed in the Building a "sprinkler system", and such system or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission of Tenant, Tenant's agents, servants, employees, licensees or visitors, Tenant shall forthwith restore the same to good working condition at its own expense; and if the New York Board of Fire Underwriters or the New York Fire Insurance Rating Organization or any bureau, department or official of the state or city government, shall require or recommend that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of Tenant's business, or the location of the partitions, trade fixtures, or other contents of the Premises, Tenant shall, at Tenant's expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or other equipment.

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