Service Failures. (i) To the extent State Street experiences a problem or delay in providing the Services, State Street will promptly notify the applicable Authorized Person and use Commercially Reasonable Efforts to continue performing the Services in accordance with the Service Levels.
Service Failures. (i) To the extent Provider experiences a problem or delay in providing the Services, Provider will promptly notify the applicable Authorized Person and use Commercially Reasonable Efforts to continue performing the Services in accordance with the Service Levels.
Service Failures. Owner Operators and Employees will not be formally disciplined for the first service failure in a calendar month. The first occurrence for the month will result in an advisement/ coaching session which will be documented and kept on file with a copy being sent to the local chairperson. If a second occurrence happens within the calendar month, the normal discipline process will be followed.
Service Failures. Client accepts that Services may not be uninterrupted, error-free, or on a completely secure basis. Host shall have no obligation to credit Client any amount for any such failure in the event that Host fails to provide Service and Host determines in its reasonable judgment that such failure was the result of:
Service Failures. 7.1. ZaleyCash admits the likelihood of failures in the operation of the Service due to technical problems or deliberate actions of third parties. In the event of such a situation, ZaleyCash is not responsible for non-fulfillment or improper fulfillment of its obligations in accordance with the Agreement. ZaleyCash reserves the right to suspend the work of the Service and its components until threats or errors are eliminated.
Service Failures. No liability shall, in any case, attach to Company should service failures occur by local or long distance telephone carriers, paging or cellular carriers, leased, rented or cloud based systems or Company’s own equipment.
Service Failures. In case the number of Service failures caused by the Provider exceeds the maximum agreed number of failures in the given calendar period, the Subscriber is entitled to a contractual discount. In case the Service recovery time after a failure caused by the Provider exceeds the maximum agreed time from the demonstrable detection or proper notification of the failure occurrence, the Subscriber is entitled to a contractual discount.
Service Failures. (i) the occurrence of any of the following events shall constitute a "Service Failure":
Service Failures. The parties specifically acknowledge that the price of Corn sold by Xxxxxxxx to Aemetis Keyes is based upon rail shipment by the UPRR under programs promulgated by the UPRR; however, it is not the intention of this Agreement to make either party a guarantor of the performance or service of the UPRR. Accordingly, if the UPRR for any reason fails in any material respect to provide rail service consistent with the expectations of the parties as represented by Sale Contracts, then both parties will make good-faith efforts to replace the supply of Corn or to re-price the Corn so that each is restored as nearly as possible to the position the parties would have been in but for the UPRR service failure. [***]
Service Failures. Client accepts that from time-to-time Managed Services may be temporarily interrupted and may not be error-free (each a “Service Failure”). Host shall not be deemed in default of this Agreement for failure to provide Managed Services if Host can demonstrate that one (1) or more Service Failure(s) were the result of: (i) Force Majeure, (ii) any material actions or inactions of Client, including any activity under Client’s reasonable control or within the obligations undertaken by Client including, provision of inaccurate or corrupt data, use of the Managed Services other than materially in accordance with the Acceptable Use Policy enumerated in Exhibit C, or (iii) reasonably related to the (x) Client’s failure or inability to receive Digital Currency, (y) failure of Client Equipment hardware or the underlying software protocols of the Digital Currency networks, and (z) problems in Client’s local environment.
