DESTRUCTION OF EQUIPMENT OR FACILITIES Sample Clauses

DESTRUCTION OF EQUIPMENT OR FACILITIES. ‌ 2376 If the equipment or facilities at the SEC are destroyed or damaged (by fire that is outside 2377 Contractor’s control, earthquake, or other similar event) so that operations as 2378 contemplated in this Agreement are impossible or commercially infeasible, Authority has 2379 the right, but no obligation, to repair, replace, and/or rebuild the equipment or facilities. 2380 Authority will notify Contractor promptly (no later than one hundred twenty (120) Days after 2381 destruction or damage occurs) whether or not it will repair, replace, and/or rebuild the 2382 equipment of facilities. 2383 If Authority elects not to repair, replace, and/or rebuild equipment or facilities, this 2384 Agreement shall terminate thirty (30) Days after Authority notifies Contractor of that 2385 decision. 2386 If Authority elects to repair, replace, and/or rebuild equipment or facilities, then until 2387 reconstruction is sufficiently completed for Contractor to resume operations, the 2388 obligations of Contractor to perform and the obligations of Authority to pay compensation 2389 will both be abated or modified in a commercially reasonably and equitable manner 2390 reflecting, for example, the ability of Contractor to resume partial operations, and the 2391 compensation appropriately due for doing so. Such adjustment to compensation shall be 2392 determined in accordance with Section 7.08. 2393 12.17 MEET AND CONFER WITH AUTHORITY‌ 2394 Beginning on the Commencement Date, and on a quarterly basis thereafter or other 2395 frequency agreed upon by the Parties, Contractor shall meet with the Authority to describe 2396 the services performed at the SEC and the progress of each active Diversion program.
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DESTRUCTION OF EQUIPMENT OR FACILITIES. If the equipment or facilities at the SEC are destroyed or damaged (by fire that is outside Contractor’s control, earthquake, or other similar event) so that operations as contemplated in this Agreement are impossible or commercially infeasible, Authority has the right, but no obligation, to repair, replace, and/or rebuild the equipment or facilities. Authority will notify Contractor promptly (no later than one hundred twenty (120) Days after destruction or damage occurs) whether or not it will repair, replace, and/or rebuild the equipment of facilities. If Authority elects not to repair, replace, and/or rebuild equipment or facilities, this Agreement shall terminate thirty (30) Days after Authority notifies Contractor of that decision. If Authority elects to repair, replace, and/or rebuild equipment or facilities, then until reconstruction is sufficiently completed for Contractor to resume operations, the obligations of Contractor to perform and the obligations of Authority to pay compensation will both be abated or modified in a commercially reasonably and equitable manner reflecting, for example, the ability of Contractor to resume partial operations, and the compensation appropriately due for doing so. Such adjustment to compensation shall be determined in accordance with Section 7.08.

Related to DESTRUCTION OF EQUIPMENT OR FACILITIES

  • Operation of Equipment The Host shall not be required to operate machinery including but not limited to lawn mowers, weed-whackers and chain-saws.

  • Condition of Equipment Each Grantor will maintain or cause to be maintained and preserved in good condition, repair and working order, ordinary wear and tear excepted, the Equipment (necessary or useful to its business) and will forthwith, or in the case of any loss or damage to any Equipment of any Grantor within a commercially reasonable time after the occurrence thereof, make or cause to be made all repairs, replacements and other improvements in connection therewith which are necessary or desirable, consistent with past practice, or which the Collateral Agent may request to such end. Any Grantor will promptly furnish to the Collateral Agent a statement describing in reasonable detail any such loss or damage in excess of $25,000 per occurrence to any Equipment.

  • Inspection of Equipment  The Contractor’s equipment is inspected by an authorised Eskom employee on arrival at the site.  The following documentation is required to accompany the equipment where applicable: copies of all test certificates and maintenance records.  Lifting equipment and electrical equipment must be marked with a unique number, code or colour code for identification. If the equipment is found to be in an unsatisfactory condition or if insufficient maintenance has been carried out on the equipment then it will not be approved for use on Site. A list of all lifting equipment and electrical equipment must be submitted to the Employer at least 2 days prior to the occupation date. This list must indicate the unique number and description of the equipment.  Training requirements must comply with the Works Information and statutory requirements.

  • LOCATION OF EQUIPMENT The Customer shall not remove the Equipment from the location shown herein as the place of use of the equipment, without prior written approval of the Company. The Customer shall inform the Company by email upon demand of the exact location of the Equipment while it is in the Customer’s possession.

  • Installation of Equipment You represent that there are no legal, contractual or similar restrictions on the installation of the Equipment in the location(s) you have authorized. It is your responsibility to ensure compliance with all applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions, and restrictions related to the Service, to pay any fees or other charges, and to obtain any permits or authorizations necessary for the installation or use of the Service (collectively "Legal Requirements"). You are solely responsible for any fines or similar charges for violation of any applicable Legal Requirements. You acknowledge and agree that Viasat or its designated service provider will be required to access your premises and computer to install and maintain the Equipment, including, without limitation, the antenna and its components. Standard Equipment installations performed by Viasat-authorized installers include: (i) installation of the antenna to an outside wall or sloped roof; (ii) travel to and from your Service location within 50 miles of the installer’s office; (iii) cable routed through one exterior wall and one interior wall or floor; (iv) connection of the antenna to the modem using up to 150 feet of cable; (v) connection of the modem to one computer using up to 7 feet of cable; and (vi) required mounting and cabling hardware. Any different or additional installation services or hardware are non-standard and may result in additional charges to be agreed upon between you and the installer. All installations include attaching the Equipment to your computer, installing software on your computer and configuring your computer to optimize the performance of the Internet Service. You confirm that you have reviewed the installation plan and agreed to any associated charges. If you approved a roof mount, you acknowledge the potential risks associated with this type of installation (including, without limitation, with respect to any warranty that applies to your roof or roof membrane). By signing this Agreement, scheduling a service or installation visit, and permitting us or our service provider to enter your home, you are authorizing Viasat and its service provider to perform all of the above actions. You are responsible for backing up the data on your computer and we highly recommend that you do so prior to permitting access to us or one of our designated service providers. NEITHER VIASAT NOR ITS SERVICE PROVIDER SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM THE EQUIPMENT OR ANY INSTALLATION, REPAIR OR OTHER SERVICES ASSOCIATED WITH THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR PREMISES OR LOSS OF SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR COMPUTER. This limitation does not apply to any damages arising from the gross negligence or willful misconduct of us or one of our designated service providers. Time frames for installation, if any, are not guaranteed and may vary depending on the types of services requested and other factors.

  • Substitution of Equipment In the event the Computer is inoperable, ASL has a limited number of spare laptops for use while the Computer is being repaired or replaced. This agreement remains in effect for such a substitute. The Student may NOT opt to keep a broken Computer or to avoid using the Computer due to loss or damage.

  • DISPOSITION OF EQUIPMENT The Grantee shall provide to the State, not less than 30 calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by the State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within 60 calendar days of receipt of such inventory the State shall provide the Grantee with a list of the items on the inventory that the State will take title to. All other items shall become the property of the Grantee. The State shall arrange for delivery from the Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by the State.

  • Relocation of Equipment Lessee shall at all times keep the Equipment within its exclusive possession and control. Upon Lessor’s prior written consent, which shall not be unreasonably withheld, Lessee may move the Equipment to another location of Lessee within the continental United States, provided (i) Lessee is not in default on any Schedule,

  • Destruction of Property A. If flood, fire, storm, mold, other environmental hazards that pose a risk to the occupants health, other casualty or Act of God shall destroy (or so substantially damage as to be uninhabitable) Premises, rent shall xxxxx from the date of such destruction. Landlord or Tenant may, by written notice, within 30 (thirty) days of such destruction, terminate this Lease, whereupon rent and all other obligations hereunder shall be adjusted between the parties as of the date of such destruction.

  • DESTRUCTION OF PREMISES (A) If, during the term of this Lease, the Leased Premises are totally or partially destroyed by fire or the elements, so as to render the premises wholly unfit for occupancy, or make it impossible in the opinion of a licensed third party arbitrator knowledgeable in the child care business reasonably acceptable to Lessee and Lessor, for Lessee to conduct its business therein, then either Lessor or Lessee shall have the right to terminate this Lease from the date of such damage or destruction by giving written notice. The parties agree to use reasonable promptness to obtain the opinion of such licensed third party arbitrator. Upon the giving of such notice, Lessee shall immediately surrender the Leased Premises and all interest therein to Lessor, and in case of any such termination, Lessor may re-enter and repossess the Leased Premises and may dispossess all parties then in possession thereof. If not otherwise terminated, in the event the Leased Premises shall be repaired, restored, and rebuilt by Lessee with the use of insurance proceeds (which Lessor shall cooperate to make available), but otherwise at its own sole cost and expense, within one hundred eighty (180) days from the date of destruction (subject to force majuere as set forth in paragraph C hereof, then all rents payable by Lessee shall be abated during the period of repair and restoration to the extent Lessor shall be compensated by the proceeds of rents loss insurance. In no event shall Lessor be required to provide its own money for the repair or restoration of the Leased Premises other than the net proceeds of moneys received by it from any insurance policy or policies covering such loss or damages. Lessee shall be liable for repair of the Leased Premises with all reasonable speed, and the rents shall recommence on the date that the repairs are completed. Lessee shall be under no obligation to so repair during the last five (5) years of the term of the Lease, or as extended, but if Lessee shall desire to rebuild during the last 12 months of the Lease term, Lessor will make insurance proceeds available to rebuild the Leased Premises conditioned upon Lessee then exercising its next renewal option under the Lease. Lessor will make insurance proceeds available to rebuild the Leased Premises in the event Lessee rebuilds, except as stated above.

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