Common use of Minimum Uptime Clause in Contracts

Minimum Uptime. Cause, and, with respect to mining equipment located at a third-party facility (i.e. a facility that is neither owned nor leased by a Loan Party or a Subsidiary of a Loan Party), use commercially reasonable efforts to cause, all mining equipment once put into use to remain operational and fully utilized at its rated “hash rate” and “rated power” at all times. Cause the Adjusted Uptime for mining equipment located at a facility that is either owned or leased by a Loan Party or a Subsidiary of a Loan Party to be not less than 95% during any fiscal month. In the event of cessation of operations at the Alpha Facility, or the relocation of any mining equipment to another facility in accordance with Section 7.5, there shall be no breach of this Section 7.11 so long as the Loan Parties are using commercially reasonable efforts to cause such mining equipment to comply with the Adjusted Uptime requirements of this Section 7.11.