Excused Outages Sample Clauses

Excused Outages. Seller’s obligation to provide Products pursuant to this Agreement will be excused if and to the extent that any of the following (each an “Excused Outage”) occurs and continues:
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Excused Outages. Customer may experience outages in the SaaS product due to Scheduled Maintenance and/or Emergency Maintenance, as defined below (collectively “Excused Outages”).
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Excused Outages. PANGAEA will not be responsible for outages caused by Customer neglect, equipment or cabling not owned or controlled by PANGAEA, catastrophic damages, or instances of Force Majeure.
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Excused Outages. For purposes of calculating Unavailable Capacity, the XXXX (or a portion thereof to the extent only a portion of the XXXX is adversely effected) will be considered available to the extent resulting from a Force Majeure Event.
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Excused Outages. Seller’s obligation to provide Products pursuant to this Agreement will be excused if and to the extent that any of the following (each an “Excused Outage”) occurs and continues: Any Outage of the Project which is the result of a Planned Outage or Maintenance Outage; Failure of Buyer to provide natural gas Fuel to the Natural Gas Delivery Point in accordance with this Agreement; ; Any Outage where Xxxxxx failed to comply with a Dispatch by Xxxxx not in accordance with Section 8.8; Buyer’s or Connecting Transmission Owner’s inability or unwillingness to accept Energy or Ancillary Services at the Delivery Point; A Suspension pursuant to Section 8.11; or A Force Majeure Event to the extent provided in Article 11, provided, none of the foregoing shall be deemed an Excused Outage if and to the extent caused by a Seller Event of Default. Seller shall provide Buyer prompt written notice of the occurrence of and the resolution of an Excused Outage and shall use commercially reasonable efforts to limit the duration and extent of such Excused Outage. Equivalent Availability and Chronic Underperformance . For purposes of this Agreement, the following defined terms shall be used for the determination of Equivalent Availability and Chronic Underperformance:
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Excused Outages. In addition to any term of the contract between the wholesale partner and Gigaclear, the Service Levels do not apply to the following situations:
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Excused Outages. Notwithstanding any other provision to the contrary, in no event will Provider have failed to meet any Service Level under this SA if such failure was caused by an Excused Outage. An “Excused Outage” means the period during which there is an outage, unavailability, delay, or other degradation of Service, including any Service Outage or Service Impairment, related to, associated with, or caused by:
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Excused Outages. For both On-Net and Off-Net Transport Services, the following reasons excuse KFN from any SLA metric described herein:  Scheduled maintenanceActs or omissions by Customer, its employees, agents, contractors or authorized users which cause an outage  Customer shall not receive a credit allowance for any timeframe in which KFN is not allowed access to the premises of Customer or Customer’s end-users if necessary to repair or evaluate the outage
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Excused Outages. (iii) Hardware, software or other data center equipment or services not in the control of Symantec or within the scope of the Service.
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Related to Excused Outages

  • Force Majeure Event After giving effect to any applicable provision, disruption fallback or remedy specified in, or pursuant to, the relevant Confirmation or elsewhere in this Agreement, by reason of force majeure or act of state occurring after a Transaction is entered into, on any day:—

  • 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 Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following:

  • Excusable Delay The Contractor is entitled to an equitable adjustment of time, issued via Change Order, for delays caused by the following:

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