Total Abatement Sample Clauses
The Total Abatement clause defines the circumstances under which a party’s obligations, typically payment or performance, are fully suspended or eliminated due to specific events, such as the complete destruction or unavailability of the subject matter (e.g., leased premises or goods). In practice, this clause may apply if a property becomes uninhabitable due to fire or natural disaster, resulting in the tenant no longer being required to pay rent. Its core function is to allocate risk and provide clarity by specifying that parties are not held responsible for obligations that become impossible to fulfill due to total loss or abatement events.
Total Abatement. Notwithstanding anything to the contrary set forth in this SLA, (w) in no event shall the total abatement in any one (1) calendar month under this Article I for any Individual Space exceed ***; in the event there would otherwise be abatement under this Article I in excess of ***, then the excess shall not carry over to any subsequent period and shall be deemed extinguished and of no force or effect; (x) in no event shall the total abatement under this Article I for the applicable Individual Space on any one (1) day exceed ***; in the event there would otherwise be abatement under this Article I in ***CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION.***
Total Abatement. Notwithstanding anything to the contrary set forth in this Article Ill, (A) in no event shall the total aggregate abatement under this Article Ill for any particular cross connection in any one (1) calendar month exceed the Monthly Service Fees payable by Licensee for that month for the cross connection in question (notwithstanding the amount or length of any Connectivity Failures with respect to such cross connection or otherwise); in the event there would otherwise be abatement under this Article Ill in excess of such Monthly Service Fees for that month for that cross connection, then the excess shall not carry over to any subsequent period and shall be deemed extinguished and of no force or effect.
Total Abatement. Notwithstanding anything to the contrary set forth in this Article IV, (A) in no event shall the total aggregate abatement under this Article IV for any particular cross connection in any one (1) calendar month exceed ***; in the event there would otherwise be abatement under this Article IV in excess of *** for that cross connection, then the excess shall not carry over to any subsequent period and shall be deemed extinguished and of no force or effect; and
Total Abatement. Notwithstanding anything to the contrary set forth in this SLA, (A) in no event shall the total abatement under this Article II for the applicable Individual Space in any one (1) calendar month exceed the Monthly License Fees payable for that Individual Space for that calendar month (notwithstanding the amount or length of any ES Failures in that month or otherwise); in the event there would otherwise- be abatement under this Article II in excess of such Monthly License Fees for that month, then the excess shall not carry over to any subsequent period and shall be deemed extinguished and of no force or effect and (B) in no event shall the total abatement under this Article II for the applicable Individual Space on any one (1) day exceed the pro rata Monthly License Fees payable for that Individual Space for that day (notwithstanding the amount or length of any ES Failures on that day or otherwise); in the event there would otherwise be abatement under this Article II In excess of such pro rata Monthly License Fees for that day, then the excess shall not carry over to any subsequent period and shall be deemed extinguished and of no force or effect.
Total Abatement. Notwithstanding anything to the contrary set forth in this SLA, (i) in no event shall the total abatement in any one (1) calendar month under this Article I for any Individual Space exceed the Monthly License Fees payable for that Individual Space for that calendar month (notwithstanding the amount or length of any Power Failures in that month or otherwise); in the event there would otherwise be abatement under this Article I in excess of such Monthly License Fees for that month, then the excess shall not carry over to any subsequent period and shall be deemed extinguished and of no force or effect; (ii) in no event shall the total abatement under this Article I for the applicable Individual Space on any one (1) day exceed the pro rata Monthly License Fees payable for that Individual Space for that day (notwithstanding the amount or length of any Power Failures on that day or otherwise); in the event there would otherwise be abatement under this Article I In excess of such Monthly License Fees for that day, then the excess shall not carry over to any subsequent period and shall be deemed extinguished and of no force or effect; (iii) in no event shall the total abatement under this Article I in any one (1) calendar month for any individual power circuit exceed the Monthly Circuit Cap (as defined below) (notwithstanding the amount or length of any Power Failures relating to that power circuit or otherwise); in the event there would otherwise be abatement with respect to a particular power circuit in excess of the Monthly Circuit Cap, then the excess shall not carry over to any subsequent period and shall be deemed extinguished and of no force or effect; and (iv) in no event shall the total abatement with respect to any individual power circuit on any one (1) day exceed the Daily Circuit Cap (as defined below) (notwithstanding the amount or length of any Power Failures relating to that Power Circuit or otherwise); in the event there would otherwise be abatement with respect to a particular power circuit in excess of the Daily Circuit Cap, then the excess shall not carry over to any subsequent period and shall be deemed extinguished and of no force or effect. The "Monthly Circuit Cap" is defined as the Monthly License Fees for -the Individual Space In question for the applicable calendar month, multiplied by a fraction, the numerator of which is one (1) and the denominator of which is the Total Power Circuits. The "Dally Circuit Cap" is defined as the pro rata...
Total Abatement. Notwithstanding anything to the contrary set forth in this SLA, (A) in no event shall the total abatement under this Article II in any one (1) calendar month exceed the Fees for that calendar month (notwithstanding the amount or length of any ES Failures in that month or otherwise); in the event there would otherwise be abatement under this Article II in excess of such Fees for that month, then the excess shall not carry over to any subsequent period and shall be deemed extinguished and of no force or effect; and (B) in no event shall the total abatement under this Article II on any one (1) day exceed the pro rata Fees payable for that day (notwithstanding the amount or length of any ES Failures on that day or otherwise); in the event there would otherwise be abatement under this Article II in excess of such pro rata Fees for that day, then the excess shall not carry over to any subsequent period and shall be deemed extinguished and of no force or effect.