Excused Outage Sample Clauses

Excused Outage. Availability shall be measured only for the resources fully and directly under DCLUX’ management and control and which are required by the Managed IP Services. The Customer understands and agrees therefore that DCLUX non-essential resources are expressly excluded from the scope of this SLA. (an “Excused Outage”). An Excused Outage is an outage: (a) caused by the acts or omissions of Customer and/or its End User or agents; (b) due to failure of power at the Customer or End User Premises; (c) caused by the failure or malfunction of non-DCLUX equipment or systems, including off-net local loops; (d) related to a Force Majeure Event; (e) during any period in which DCLUX is not given access to the Customer Hardware; or (f) caused by maintenance.
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Excused Outage. The time taken to restore a Fault is measured from the time a Fault is recorded on Our fault management system until the time We notify You that Service has been restored or in the event that We are unable to contact You, the time recorded on Our fault management system that Service has been restored.
Sample 1Sample 2
Excused Outage. Availability shall be measured only for the resources fully and directly under MIXvoip’s management and control and which are required by the MIXvoip Services. The Customer understands and agrees therefore that MIXvoip non- essential resources are expressly excluded from the scope of this SLA. (an “Excused Outage”). An Excused Outage is an outage: (a) caused by the acts or omissions of Customer and/or its End User or agents; (b) due to failure of power at the Customer or End User Premises; (c) caused by the failure or malfunction of non-MIXvoip equipment or systems; (d) related to a Force Majeure Event; or (e) caused by maintenance.
Sample 1
Excused Outage. An "Excused Outage" is an outage: (i) caused by the acts or omissions of Customer and/or its End User or agents; (ii) due to failure of power at the Customer or End User Premises; (iii) caused by the failure or malfunction of non-XO equipment or systems, including off-net local loops; (iv) related to a Force Majeure Event; (v) during any period in which XO is not given access to the Premises; or (vi) caused by maintenance.
Sample 1
Excused Outage. Orbital Net shall not be liable to pay Service Credits, where such failure is due to any of the following which each and all shall be an Excused Outage: • A Force Majeure event; • Scheduled or Emergency Maintenance; • Any Service-affecting fault that is not classified by Orbital Net as a loss of Service; • Failure because Customer has not provided suitable customer premise equipment or configuration to take advantage of a backup circuit that forms part of the Service availability; • Actions or inactions of the Customer and/or landlord of the building; • Works carried out by anyone other than Orbital Net; • Failure by the Customer to provide prompt assistance and information including first line checks, as requested by Orbital Net; • Any network incident that is raised by the Customer which is subject to inaccurate or incomplete information; • Failure by the Customer to respond to an enquiry from Orbital Net or any third party acting on its behalf which delays, hinders or prevents Orbital Net from performing its obligations; • Faults, delays, and failures by Orbital Net to meet any Service Levels which are caused by denial-of-service attacks; • Where the Fault is proven to be caused by the Customer; and/or the landlord of the building; • Faults which are associated with physical cable breaks or vandalism within the network. Estimated restoration of Service will be communicated to the Customer via Orbital Net; • Any problems caused by power disruption or environmental conditions at the Customer’s premises, the Customer’s router and/or associated cabling and/or any other hardware, software, materials, or services not provided by Orbital Net; • A misconfiguration or omission of a requested bolt-on configuration element; and • Any failure of the Customer premise equipment, such as routers, firewall hardware (but not any Orbital Net Equipment). For the avoidance of doubt, this does not form part of the Service availability target and no Service Credits are paid against these. Maintenance
Sample 1

Related to Excused Outage

  • Planned Outages Seller shall schedule Planned Outages for the Project in accordance with Good Industry Practices and with the prior written consent of Buyer, which consent may not be unreasonably withheld or conditioned. The Parties acknowledge that in all circumstances, Good Industry Practices shall dictate when Planned Outages should occur. Seller shall notify Buyer of its proposed Planned Outage schedule for the Project for the following calendar year by submitting a written Planned Outage schedule no later than October 1st of each year during the Delivery Term. The Planned Outage schedule is subject to Buyer’s approval, which approval may not be unreasonably withheld or conditioned. Buyer shall promptly respond with its approval or with reasonable modifications to the Planned Outage schedule and Seller shall use its best efforts in accordance with Good Industry Practices to accommodate Xxxxx’s requested modifications. Notwithstanding the submission of the Planned Outage schedule described above, Seller shall also submit a completed Outage Notification Form to Buyer no later than fourteen (14) days prior to each Planned Outage and all appropriate outage information or requests to the CAISO in accordance with the CAISO Tariff. Seller shall contact Buyer with any requested changes to the Planned Outage schedule if Seller believes the Project must be shut down to conduct maintenance that cannot be delayed until the next scheduled Planned Outage consistent with Good Industry Practices. Seller shall not change its Planned Outage schedule without Buyer’s approval, not to be unreasonably withheld or conditioned. Seller shall use its best efforts in accordance with Good Industry Practices not to schedule Planned Outages during the months of July, August, September and October. At Buyer’s request, Seller shall use commercially reasonable efforts to reschedule Planned Outage so that it may deliver Product during CAISO declared or threatened emergency periods. Seller shall not substitute Energy from any other source for the output of the Project during a Planned Outage.

  • Forced Outages During any forced outage, the NYISO or Connecting Transmission Owner may suspend interconnection service to the Interconnection Customer to effect immediate repairs on the New York State Transmission System or the Distribution System. The NYISO shall use Reasonable Efforts to provide the Interconnection Customer with prior notice. If prior notice is not given, the NYISO shall, upon request, provide the Interconnection Customer written documentation after the fact explaining the circumstances of the disconnection.

  • CLEC OUTAGE For a problem limited to one CLEC (or a building with multiple CLECs), BellSouth has several options available for restoring service quickly. For those CLECs that have agreements with other CLECs, BellSouth can immediately start directing traffic to a provisional CLEC for completion. This alternative is dependent upon BellSouth having concurrence from the affected CLECs. Whether or not the affected CLECs have requested a traffic transfer to another CLEC will not impact BellSouth's resolve to re-establish traffic to the original destination as quickly as possible.

  • Scheduled Outages (a) Commencing at least sixty (60) days before Initial Synchronization and throughout the Delivery Term, Seller shall, no later than January 1, April 1, July 1 and October 1 of each year, submit to SCE, using the Web Client, Seller’s schedule of proposed planned outages (“Outage Schedule”) for the subsequent twenty-four month period.

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

  • 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.”

  • Force Majeure Event 16.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.

  • Termination due to Force Majeure 13.5.1 If the Force Majeure Event or its effects continue to be present beyond the period as specified in Article 4.5.3, either Party shall have the right to cause termination of the Agreement. In such an event, this Agreement shall terminate on the date of such Termination Notice.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Force Majeur In case the Show Facility is damaged or destroyed, or in case of war, government regulations or any other circumstances whatsoever which will make it impossible or impractical for Show Management to permit Exhibitor to occupy the exhibit space described in this Agreement, this Agreement will terminate and Exhibitor will waive any claim for damages for compensation except the pro rata return of the amount paid for space rented, diminished only by a pro rata portion of the amounts expended to produce the Show.

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