System Loss Sample Clauses

System Loss. (a) Owner shall bear the risk of any System Loss, except to the extent such System Loss results from the gross negligence of Buyer or Buyer’s agents, representatives, vendors, visitors, employees, contractors, or invitees (collectively, “Buyer Misconduct”).
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System Loss. In the event of any System Loss that, in the reasonable judgment of Seller, results in damage, destruction or loss (partial or total) of the System, this Agreement will remain in full force and effect so long as the System PPA remains in full force and effect. If System Owner, consistent with the terms of the System PPA, repairs or replaces the System, this Agreement shall remain in effect and Seller shall continue to sell the Regional Partner’s Share to the Regional Partners. If System Owner, consistent with the terms of the System PPA, does not repair or replace the System, and the System PPA terminates, this Agreement will terminate automatically, at no liability to either Party; provided, however, that if the System Loss is caused by the gross negligence, intentional misconduct or fraud of Seller and the System Owner, consistent with the terms of the PPA, does not repair or replace the System, and the System PPA terminates, than Seller shall be liable for actual and direct damages incurred by Purchasers, including the value of lost bill credits and any losses, damages, claims, expenses or liabilities arising due to the cancellation, termination, revocation, recapture, or recall of the XXXX Xxxxx to the extent not reimbursed to Purchaser pursuant to the Contribution Agreement.
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System Loss. Subject to Buyer’s obligation to indemnify Seller set forth in Section 12.1, Seller shall bear the risk of any System Loss.
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System Loss. (a) Developer shall bear the risk of any System Loss.
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System Loss. In the event of any harm to the System that, in the reasonable judgment of Xxxxxx, results in total damage, destruction or loss of the System (“System Loss”), Lessee shall, within twenty
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System Loss. The loss, theft, damage or destruction of the System or any portion thereof, or any other occurrence or event that prevents or limits the System from operating in whole or in part, resulting from or arising out of any cause (including casualty, condemnation or Force Majeure), as discussed in Section 5.04.
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System Loss. Tenant shall bear the risk of any loss or damage to the System (“System Loss”), except to the extent such System Loss results from the negligence of Landlord or Landlord’s agents, representatives, customers, vendors, visitors, employees, contractors, or invitees. In the event of any System Loss that, in the reasonable judgment of Tenant, results in less than total damage, destruction or loss of the System, this Agreement shall remain in full force and effect and Tenant has the option, at Tenant’s sole cost and expense, to repair or replace the System as quickly as practicable. Tenant shall be entitled to all proceeds of insurance with respect to the System in connection with any System Loss. In the event of any System Loss that, in the reasonable judgment of Tenant results in total damage, destruction or loss of the System, Tenant shall, within twenty (20) business days following the occurrence of such System Loss, notify Landlord of such damage, destruction or loss and further notify Landlord as to whether Tenant is willing to repair or replace the System pursuant to this Section 13. In the event that Tenant opts not to repair or replace the System and notifies Landlord of this decision (which notification shall be presumed if no notice is given within such twenty (20) business day period), this Agreement will terminate automatically effective upon the receipt of such notice of the decision not to repair or replace the System or expiration of such period without such notice having been given (as the case may be), and Tenant shall be entitled to all proceeds of insurance with respect to the System in connection with such System Loss, provided however, proceeds paid on account of damage to the Premises shall be paid to Landlord or used to repair the damage, and Tenant’s obligations under Section 7 hereof to remove the System (as damaged) shall remain.
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Related to System Loss

  • DATA LOSS The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.

  • FOOD LOSS To receive coverage for food loss resulting from the failure of the covered refrigerator or freezer, the failure of Your refrigerator or freezer must be due to a defect in the components of the appliance, and not a power failure of any kind. You will be reimbursed up to two hundred dollars ($200) once during the coverage period. To receive payment, You must have the appliance repaired by a service center authorized by the Administrator and submit the following: a copy of the repair order, and itemized list of perishable food lost due to the lack of refrigeration, and proof of purchase for the replaced food.

  • System Logging The system must maintain an automated audit trail which can 20 identify the user or system process which initiates a request for PHI COUNTY discloses to 21 CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY, 22 or which alters such PHI. The audit trail must be date and time stamped, must log both successful and 23 failed accesses, must be read only, and must be restricted to authorized users. If such PHI is stored in a 24 database, database logging functionality must be enabled. Audit trail data must be archived for at least 3 25 years after occurrence.

  • Cooperation in Loss Recovery Efforts In the event of any damages for which Bank or Customer may be liable to each other or to a third party pursuant to the services provided under this Agreement, Bank and Customer will undertake reasonable efforts to cooperate with each other, as permitted by applicable law, in performing loss recovery efforts and in connection with any actions that the relevant party may be obligated to defend or elects to pursue against a third party.

  • Downtime Due to the nature of server provision, downtime and lost transmissions may occur as part of routine maintenance. You are advised to maintain a copy of your account status and details of Content purchased.

  • System Upgrade Facilities and System Deliverability Upgrades Connecting Transmission Owner shall design, procure, construct, install, and own the System Upgrade Facilities and System Deliverability Upgrades described in Appendix A hereto. The responsibility of the Developer for costs related to System Upgrade Facilities and System Deliverability Upgrades shall be determined in accordance with the provisions of Attachment S to the NYISO OATT.

  • Compensation for Damage or Loss (1) When investments made by investors of either Contracting Party suffer damage or loss owing to war or other armed conflict, a state of national emergency, revolt, civil disturbances, insurrection, riot or other similar events in the territory of the other Contracting Party, they shall be accorded by the latter Contracting Party, treatment, as regards restitution, indemnification, compensation or other settlement, not less favourable than that the latter Contracting Party accords to its own investors or investors of any third state, whichever is the most favourable.

  • System Upgrades The Connecting Transmission Owner shall procure, construct, install, and own the System Upgrade Facilities and System Deliverability Upgrades described in Attachment 6 of this Agreement. To the extent that design work is necessary in addition to that already accomplished in the Class Year Interconnection Facilities Study for the Interconnection Customer, the Connecting Transmission Owner shall perform or cause to be performed such work. If all the Parties agree, the Interconnection Customer may construct System Upgrade Facilities and System Deliverability Upgrades.

  • System Access Control Data processing systems used to provide the Cloud Service must be prevented from being used without authorization. Measures: • Multiple authorization levels are used when granting access to sensitive systems, including those storing and processing Personal Data. Authorizations are managed via defined processes according to the SAP Security Policy • All personnel access SAP’s systems with a unique identifier (user ID). • SAP has procedures in place so that requested authorization changes are implemented only in accordance with the SAP Security Policy (for example, no rights are granted without authorization). In case personnel leaves the company, their access rights are revoked. • SAP has established a password policy that prohibits the sharing of passwords, governs responses to password disclosure, and requires passwords to be changed on a regular basis and default passwords to be altered. Personalized user IDs are assigned for authentication. All passwords must fulfill defined minimum requirements and are stored in encrypted form. In the case of domain passwords, the system forces a password change every six months in compliance with the requirements for complex passwords. Each computer has a password-protected screensaver. • The company network is protected from the public network by firewalls. • SAP uses up–to-date antivirus software at access points to the company network (for e-mail accounts), as well as on all file servers and all workstations. • Security patch management is implemented to provide regular and periodic deployment of relevant security updates. Full remote access to SAP’s corporate network and critical infrastructure is protected by strong authentication.

  • Outputs 11. The objectives and outcomes of this Agreement will be achieved by:

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