Undesirable Conditions Sample Clauses

Undesirable Conditions. If any of the following undesirable events occurs for two consecutive months or four months out of a twelve-month period, you may terminate this Agreement upon 45 days written notice to us ("Notice of Termination"): SDGS below P.05 for 30% or more of the sites SSA below 95% for 30% or more of the sites OSA below 95% TD above 250 millisecond monthly average, and 500 milliseconds monthly average for Alaska and Hawaii. For SDGS and SSA undesirable condition calculations, a site is deemed to be meeting its service level objective during any period of time when the corresponding service level objective is not applicable. For OSA and TD, an undesirable condition shall not apply during any period of time when the corresponding service level objective is not applicable. If you desire to terminate this Agreement because of any of the foregoing undesirable conditions, you must give us a Notice of Termination within 30 days of receiving the monthly report that gives rise to your right of termination. If you do not exercise your right of termination within such 30 day period and in the next month the applicable undesirable condition no longer exists, then you waive any right of termination for the applicable time period and this Agreement shall remain in full force and effect. Upon Notification of Termination, we shall provide reasonable transition assistance to you, for a period of up to six months, and no termination adjustment charge or service level credits shall apply, nor shall any Minimum Monthly Usage Charges apply after the effective date of termination.
Sample 1
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Undesirable Conditions. (a) If any of the following undesirable events ---- ----------------------- occurs for two consecutive months or four months out of a twelve-month period, Prodigy may terminate this Agreement upon forty-five (45) days written notice ("Notice of Termination"): (1) Overall 24-Hour Call Failure Rate of all access numbers is greater than fifteen percent (15%); (2) Overall Evening Hour Call Failure Rate of all access numbers is greater than twenty (20%); (3) Overall 24- Hour Latency of all access numbers is greater than five hundred (500) milliseconds; (4) Overall Evening Hour Latency of all access numbers is greater than seven hundred (700) milliseconds.
Sample 1

Related to Undesirable Conditions

  • Release Conditions As used in this Agreement, "Release Conditions" shall mean the following:

  • Working Conditions The Company will provide the Executive with a private office and secretarial services.

  • Market Conditions Notwithstanding any provision of this Agreement to the contrary, settlement and payment for Foreign Assets received for the account of the Portfolios and delivery of Foreign Assets maintained for the account of the Portfolios may be effected in accordance with the customary established securities trading or processing practices and procedures in the country or market in which the transaction occurs, including, without limitation, delivering Foreign Assets to the purchaser thereof or to a dealer therefor (or an agent for such purchaser or dealer) with the expectation of receiving later payment for such Foreign Assets from such purchaser or dealer. The Custodian shall provide to each Board the information with respect to custody and settlement practices in countries in which the Custodian employs a Foreign Sub-Custodian described on Schedule C hereto at the time or times set forth on such Schedule. The Custodian may revise Schedule C from time to time, provided that no such revision shall result in a Board being provided with substantively less information than had been previously provided hereunder.

  • HAZARDOUS SUBSTANCE CONDITIONS If a Hazardous Substance Condition occurs, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof required by Applicable Requirements and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 6.2(c) and Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000 whichever is greater, give written notice to Lessee within thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease as of the date sixty (60) days following the date of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the excess costs of (a) investigation and remediation of such Hazardous Substance Condition to the extent required by Applicable Requirements, over (b) an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following said commitment by Lessee. In such event this Lease shall continue in full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible after the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the time period specified above, this Lease shall terminate as of the date specified in Lessor's notice of termination.

  • Continuing Conditions The obligations of each Lender to make Advances (including the initial Advance) under this Agreement and the obligation of the Issuing Lender to issue any Letters of Credit shall be subject to the continuing conditions that:

  • Environmental Compliance and Conditions Except as set forth on Schedule 3.16:

  • Buyer’s Conditions The obligations of Buyer at the Closing are subject, at the option of Buyer, to the satisfaction at or prior to the Closing of the following conditions:

  • Existing Conditions Tenant accepts the Property in its condition as of the execution of the Lease, subject to all recorded matters, laws, ordinances, and governmental regulations and orders. Except as provided herein, Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation as to the condition of the Property or the suitability of the Property for Tenant's intended use. Tenant represents and warrants that Tenant has made its own inspection of and inquiry regarding the condition of the Property and is not relying on any representations of Landlord or any Broker with respect thereto. If Landlord or Landlord's Broker has provided a Property Information Sheet or other Disclosure Statement regarding the Property, a copy is attached as an exhibit to the Lease.

  • Seller’s Conditions The obligations of Seller at the Closing are subject, at the option of Seller, to the satisfaction at or prior to the Closing of the following conditions:

  • Actions to Satisfy Closing Conditions Each Party shall take all actions as are within its power and otherwise use its commercially reasonable efforts so as to ensure compliance with the conditions set forth in this Section 6.

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