System Disruptions. You understand and agree that such electronic services may occasionally be unavailable for short periods of time due to system maintenance or other reasons. We will not be liable for any delay that this may cause and you are ultimately responsible for conducting your transactions in a timely manner with regard to your banking and bill- paying needs. In the unlikely event that our electronic services become unavailable for a prolonged period of time, you understand and agree that you still have access to the Credit Union and your account(s) in the traditional manner (i.e., in person, by mail, telephone, or check-writing), and we will not be liable to you if you fail to use these means to conduct your business with us. Security Safeguards. Even if you enroll in on-line banking or bill pay or our electronic document delivery service, we may from time to time require certain transactions to be made in-person or we may require verification or authentication of your identity for security purposes before a transaction or other business with us may be initiated, processed, or completed. You agree and understand that this is for the protection of us and you and is intended to safeguard your personal information and all funds held in or by the Credit Union, and to help prevent Identity Theft and bank fraud. You agree that we will not be liable for any delay in, or prevention of, any transaction or business conducted by you due to these security measures. Legal Process Against Your Account. If any legal action is brought against your account such as tax levy, garnishment, attachment, etc., we may pay out funds according to the terms of the action or refuse any payout until the dispute is resolved. We will not be liable to you for any such payout, even if it leaves insufficient funds in your account to pay checks you have written or other items that have not yet been processed. Any expenses or attorney fees we incur responding to legal process may be charged against your account without notice, unless prohibited by law. Any legal process against your account is subject to our lien and security interest in your account and our right to set-off.
System Disruptions. You understand and agree that such electronic services may occasionally be unavailable for short periods of time due to system maintenance or other reasons. We will not be liable for any delay that this may cause and you are ultimately responsible for conducting your transactions in a timely manner with regard to your banking and bill-paying needs. In the unlikely event that our electronic services become unavailable for a prolonged period of time, you understand and agree that you still have access to the Credit Union and your account(s) in the traditional manner (i.e., in person, by mail, telephone, or check-writing), and we will not be liable to you if you fail to use these means to conduct your business with us.
System Disruptions. (a) Availability of premises: Purchaser will provide full access of the site to Power Producer for installation, operation and maintenance of solar power plant during the period of Agreement. Power Purchaser will also provide restricted access of the Premises to Power Producer for operation and maintenance of solar power plant.
System Disruptions. In the event that (1) the owner or lessee of the Premises repairs the Premises for any reason not directly related to damage caused by the System, and such repair requires the partial or complete temporary disassembly or movement of the System, or (2) any act or omission of Purchaser or Purchaser’s employees, Affiliates, or agents (collectively, a “Purchaser Act”) results in a disruption or outage in System production, then, in either case, Purchaser shall (i) pay Provider for all work required by Provider to disassemble or move the System and (ii) continue to make all payments for the Services during such period of System disruption (the “Disruption Period”) as if Provider was capable of operating the System during such Disruption Period, and (iii) reimburse Provider for any actual, documented lost or recaptured revenue associated with lost production of Environmental Attributes during the Disruption Period. For the purpose of calculating Services Payments that would otherwise have been due for such Disruption Period, Services shall be deemed to have been produced at the average rate over the preceding twelve (12) months (or, if the disruption occurs within the first twelve (12) months of operation, the average over such period of operation), discounting for any planned or other maintenance outages of the System that had been scheduled by the Provider to occur during such Disruption Period.
System Disruptions. In the event that (a) the owner or lessee of the Premises, if applicable, repairs the Premises for any reason not directly related to damage caused by the System, and such repair requires the partial or complete temporary disassembly or movement of the System, (b) any act or omission of Purchaser or Purchaser’s employees, Affiliates, agents or subcontractors (collectively, a “Purchaser Act”) results in a disruption or outage in System production; or (c) Purchaser elects to have a System relocated during the initial or subsequent Term, then, in each case, Purchaser shall (i) pay ForeFront Power for all work required by ForeFront Power to disassemble or move the System and (ii) continue to make all payments for the Energy Services during such period of System disruption (the “Disruption Period”), and
System Disruptions. In the event that (a) the owner or lessee of the Premises repairs the Premises for any reason not directly related to damage caused by the System, and such repair requires the partial or complete temporary disassembly or movement of the System, or (b) any act or omission of Purchaser or Purchaser’s employees, Affiliates, agents or subcontractors (collectively, a “Purchaser Act”) results in a disruption or outage in System production, then, in either case, Purchaser shall (i) pay ForeFront Power for all work required by ForeFront Power to disassemble or move the System and (ii) continue to make all payments for the Energy Services during such period of System disruption (the “Disruption Period”), and (iii) reimburse ForeFront Power for any other lost revenue during the Disruption Period, including any lost revenue associated with any reduced sales of Environmental Attributes and any reduced System-based Incentives, if applicable, during the Disruption Period. For the purpose of calculating Energy Services Payments and lost revenue for such Disruption Period, Energy Services for each month of said months shall be deemed to have been produced at the average rate over the same month for which data exists (or, if the disruption occurs within the first twelve (12) months of operation, the average over such period of operation).
System Disruptions. In the event that any act or omission of Purchaser or Purchaser’s employees, Affiliates, agents or subcontractors, that is not an act taken in the event of (x) Force Majeure, (y) an Emergency not caused by or due to the Purchaser, the Host, the County, or any of their respective employees, designees, agents, or assigns, or (z) a Provider Default (defined below), (collectively a “Purchaser Act”) results in a disruption or outage in System production, then, in either case, Purchaser shall (i) pay Provider for all work reasonably required by Provider to disassemble or move the System, and (ii) continue to make all payments for the Solar Services and (iii) reimburse Provider for any actual lost revenue associated with reduced sales of Environmental Attributes and any actual reduction Solar Incentives Provider suffers during such period of System disruption (the “Disruption Period”). For the purpose of calculating Solar Services Payments for such Disruption Period, Solar Services shall be deemed to have been produced at the average rate over the preceding twelve
System Disruptions. In the event that any act or omission of Purchaser or Purchaser’s employees, Affiliates, agents or subcontractors, that is not an act taken in the event of (x) Force Majeure, (y) an Emergency not caused by or due to the Purchaser or any of its employees, designees, agents, or assigns, or (z) a Provider Default (defined below), (collectively a “Host Act”) results in a disruption or outage in System production, then, in either case, Purchaser shall (i) pay Provider for all work reasonably required by Provider to disassemble or move the System, and (ii) continue to make all payments for the Solar Services and (iii) reimburse Provider for any actual lost revenue associated with reduced sales of Environmental Attributes and any actual reduction in Solar Incentives Provider suffers during such period of System disruption (the “Disruption Period”). For the purpose of calculating Solar Services Payments for such Disruption Period, Solar Services shall be deemed to have been produced at the average rate over the preceding twelve (12) months (or, if the disruption occurs within the first twelve (12) months of operation, the average over such period of operation).
System Disruptions. 5.3.1 Availability of premises: Purchaser will provide full access of the site to SPD for installation, operation and maintenance of solar power plant during the period of Agreement. Power Purchaser will also provide restricted access of the Premises to SPD for operation and maintenance of solar power plant.
System Disruptions. Customer acknowledges and agrees that, if for reasons other than Provider’s breach of its obligations hereunder, Customer withholds from Provider or otherwise interferes with or terminates the access rights to the Site necessary for Provider to operate the System prior to Expiration Date, a Customer Default would be triggered. Customer further acknowledges and agrees that if for reasons other than damage caused by the System or a Force Majeure Event, owner or lessee of the Site require or cause partial or complete disruption of Fuel Cell Services, Provider shall reasonably estimate the amount of Energy that would have been delivered to Customer during such disruption period and shall invoice Customer for such amount, which shall be due and payable in accordance with Section 6.4. Customer further acknowledges and agrees that any loss of revenue to Provider due to disruption of Fuel Cell Services caused by malfunctions on Customer’s side of Interconnection Points shall be the sole responsibility of Customer. Provider shall reasonably estimate the amount of Energy that would have been delivered to Customer during such disruption period and shall invoice Customer for such amount, which shall be due and payable in accordance with Section 6.4.
