Demand Maintenance Clause Samples

The Demand Maintenance clause requires a party to maintain or uphold certain demands, obligations, or standards throughout the duration of an agreement. In practice, this may involve ensuring that specific service levels, product quantities, or performance metrics are consistently met, regardless of changing circumstances. This clause serves to guarantee ongoing compliance and reliability, preventing lapses in performance or delivery that could disrupt the contractual relationship.
Demand Maintenance. The contractor shall be responsible for the maintenance and repair of all vehicles, communication systems, and all other equipment, furnishings and accessories required in connection with its operation of the service in a clean, safe, sound and proper operable condition at all times.
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Demand Maintenance. Demand maintenance may occur as a result of unexpected events and is performed when the Ethernet Services network elements are in jeopardy. CenturyLink will perform this type of maintenance at its discretion. Due to the nature of demand maintenance, prior notification may not be possible; however, Customer will be informed when the maintenance has been completed.
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Demand Maintenance. It is understood and agreed to by the Parties that if an item is not specifically covered in the definition of Routine Maintenance, it shall be deemed to be Demand Maintenance. IFN shall pay Sprint for all reasonable Demand Maintenance performed by Sprint hereunder at Sprint's Costs. IFN has the option to perform non-service affecting Demand Maintenance ("NSADM") within 14 days of notification from Sprint. In the event that the NSADM is not completed in 14 days, then Sprint shall complete the required NSADM at Sprint's sole discretion and IFN shall reimburse Sprint for its Cost. Sprint, at Sprint's sole discretion, will also perform non-service affecting
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Demand Maintenance. Demand Maintenance situations may arise during the term of the Contract when immediate or emergency Work by the Contractor is necessary. In the need for Demand Maintenance, the Contractor will receive a Verbal Request for Demand Maintenance from the Authority. When time allows, this Verbal Request will be memorialized in written form as a Work Request. The Contractor shall proceed with Demand Maintenance only upon receipt of a Verbal Request for Demand Maintenance. Upon receipt of a Verbal Request for Demand Maintenance, the Contractor shall mobilize the necessary Work force and Equipment and be at the Demand Maintenance site within two (2) hours of obtaining the Verbal Request for Demand Maintenance. Depending upon the nature of the Demand Maintenance, the Authority may extend the required response time. If final repairs cannot be accomplished due to the unavailability of necessary material, specialized Equipment, or any other necessary resource, the Contractor shall provide temporary repairs within two (2) hours after Demand Maintenance site arrival. Final repairs may be completed by the Work Request process. Items of Pre-Priced Work shall be paid for at the Contract Unit Prices in the Schedule of Values and compensation for items of Non Pre-Priced Work shall be negotiated or paid for as Force Account Work. In addition to payment for items of Work, the Contractor will further be compensated for responding to Demand Maintenance by the payment of a “Demand Maintenance Mobilization” as identified in the Schedule of Values. Contractor shall examine Work Requests, Plans (if any), Specifications, and any other references associated with the Work described in the Work Request and carefully investigate and satisfy itself of every condition affecting the Work, including but not limited to: whether the quantities are reasonable to complete the Work, Worksite conditions, and whether the Work Request Time Duration allocated is reasonable. The Contractor shall notify the Authority within twenty-four (24) hours of discovery of any conditions which will alter unit quantities of Work or Work Request Time Duration. Beginning Work shall be conclusive evidence the Contractor has made the investigations required under this Section 106.1 and that Contractor assumes all risk regarding conditions affecting the Work.
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Demand Maintenance. Demand Maintenance" is work necessary to restore service to one or more Services and/or maintenance work required when a deficiency is found when performing Preventative Maintenance work. Syndeo may undertake Demand Maintenance immediately. Syndeo shall provide notice of Demand Maintenance as soon as is commercially practicable under the circumstances.
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Demand Maintenance. Work performed under Demand Maintenance shall, if the items of Work are included in the Schedule of Values, be paid for as Pre-Priced Work. If paid for under the Contract Unit Prices for Pre-Priced Work, additional compensation shall be made to the Contractor for responding to the Demand Maintenance request in the form of payment for “Demand Maintenance Mobilization” at the Contract Unit Price on the Schedule of Values. If the Work is not included in the Schedule of Values, compensation for the Work shall be agreed upon as Non Pre-Priced Work. In the event the Contractor and Authority cannot agree upon the compensation as Non Pre-Priced Work, compensation shall be made under Force Account Work.
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Demand Maintenance. Demand Maintenance includes those activities required to be performed when there is an incident, condition, or situation which the Authority determines to require immediate attention and action ("Demand Maintenance"). Examples include damage to safety devices, providing support to Colorado State Patrol, and all immediate and corrective action required to correct or contain any incident, condition, or situation which may cause a safety concern, loss of revenue, or destruction to property. Contractor shall proceed with Demand Maintenance upon request for Demand Maintenance in accordance with Section 105.1.3 of these General Provisions.
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Demand Maintenance. In the event that either party requires the other party to perform maintenance within a reasonable time period after request which is other than Routine Maintenance ("Demand Maintenance") on either the IFN Fibers or ALLTEL Fibers, the party providing the Demand Maintenance shall deliver an invoice to the party that requested the Demand Maintenance and the requesting party shall pay the entire invoice within 30 days after receipt of the invoice. The invoice shall describe any services performed, the time expended in performing such services, the description of any materials used and any services performed by ALLTEL or IFN or its subcontractor(s) or service providers, if any, and shall include all relevant supporting documentation as may be requested by the other party.
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Demand Maintenance. Demand maintenance may occur as a result of unexpected events and is performed when the Ethernet Services network elements are in jeopardy.
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Related to Demand Maintenance

  • Road Maintenance Purchaser shall maintain roads, commensurate with Purchaser’s use, in accor- dance with Road Maintenance Requirements in C5.31 and the Road Maintenance Specifications. Performance of road maintenance work by Purchaser may be required prior to, during, or after each period of use. The timing of work accomplishment shall be based on Purchaser’s Op- erating Schedule under B6.31.

  • Repairs and Maintenance It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If ▇▇▇▇▇▇(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, ▇▇▇▇▇▇’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.

  • Planned Maintenance (a) Subject to any modification or amendment of this Agreement made pursuant to Section 4.2(c) or Section 7.3(d), Planned Maintenance occurring during the Delivery Term shall be coordinated and scheduled in accordance with this Section 9.6. Seller shall perform all Planned Maintenance (including Major Planned Maintenance) in a manner that optimizes the generation and benefits to Buyer of the Contract Energy, Storage Energy, and other Products (e.g., during off-peak periods and low-irradiance periods) and, without limiting the foregoing, either (i) outside of Daylight Hours or (ii) during the months of October and November only, during Daylight Hours; provided, however, that the foregoing restrictions shall not apply to any Planned Maintenance that Seller is required to perform pursuant to any applicable manufacturer warranty that cannot reasonably be performed by Seller subject to such restrictions. (b) Seller shall deliver to Buyer a proposed schedule for Planned Maintenance in respect of each Contract Year (“Planned Maintenance Schedule”) no later than ninety (90) Days before the start of such Contract Year. Planned Maintenance Schedules submitted by Seller shall (i) comply with the second sentence of Section 9.6(a) and (ii) include reasonably detailed descriptions of the Planned Maintenance to be performed, the Days and times in which each type of Planned Maintenance is scheduled to be performed, the estimated amount(s) of Contract Capacity and Storage Capacity that will be unavailable due to Planned Maintenance and the total number of hours that Seller expects that the Contract Capacity and Storage Capacity will be unavailable due to Planned Maintenance. The general form for the Planned Maintenance Schedule is set forth in Schedule 9.6. (The Planned Maintenance descriptions reflected in the general form set forth in Schedule 9.6 are provided for indicative purposes only, and are not necessarily representative of the detail, time periods, or certainty required for a Planned Maintenance Schedule hereunder.) (c) Buyer shall have the right to disapprove, in its reasonable discretion (provided that Buyer shall have the right to disapprove, in its sole and absolute discretion, any Planned Maintenance proposed by Seller that is inconsistent with the terms of this Agreement), any Planned Maintenance set out in any Planned Maintenance Schedule proposed by Seller for any Contract Year, except for any Planned Maintenance that (i) is scheduled to occur outside of Daylight Hours or during Daylight Hours during the months of October and November or (ii) Seller is required to perform pursuant to any applicable manufacturer warranty and that is scheduled to occur in compliance with Section 9.6(a). If Seller submits its Planned Maintenance Schedule for a Contract Year in accordance with the requirements of this Agreement and Buyer does not disapprove of any Planned Maintenance set out in such Planned Maintenance Schedule by sixty (60) days after submission, then such Planned Maintenance Schedule shall be deemed approved. If Buyer, in the exercise of its discretion as set forth above, disapproves any Planned Maintenance in such Planned Maintenance Schedule within the applicable time period specified above after its submission, Buyer shall notify Seller and the Parties shall use Commercially Reasonable Efforts to agree upon and finalize a mutually acceptable Planned Maintenance Schedule for the applicable Contract Year. Seller shall conduct Planned Maintenance during such Contract Year only in accordance with an agreed Planned Maintenance Schedule; provided, however, that Seller may (A) move Planned Maintenance included in an agreed Planned Maintenance Schedule that is not Major Planned Maintenance, so long as such move is consistent with the terms of this Agreement (including the second sentence of Section 9.6(a)) or, with respect to Major Planned Maintenance, if such Major Planned Maintenance is scheduled to occur outside of Daylight Hours or during Daylight Hours during the months of October and November and (B) schedule and perform Planned Maintenance not reflected in the Planned Maintenance Schedule so long as such Planned Maintenance is scheduled to be performed outside of Daylight Hours or during Daylight Hours during the months of October and November and Seller provides Buyer at least two (2) weeks’ prior written notice of such Planned Maintenance; provided further that Buyer shall have the right to advise Seller of periods when Buyer prefers, based on solar irradiance, supply, market and other conditions, that any Major Planned Maintenance be deferred, and Seller shall use Commercially Reasonable Efforts to comply with such request. (d) Seller shall use Commercially Reasonable Efforts to complete any Planned Maintenance and place the Facility back into full commercial operation as soon as reasonably possible. If Seller determines that any Planned Maintenance scheduled in an agreed Planned Maintenance Schedule no longer needs to be completed or will not consume the entire time scheduled therefor in the agreed Planned Maintenance Schedule, Seller shall provide (i) a Generation Forecast to Buyer reflecting the forecasted amount of Delivered Energy during each affected interval that takes into account such change and (ii) in the case of any Major Planned Maintenance, a written notice declaring the cessation and termination of the applicable Major Planned Maintenance period (in which event, the Major Planned Maintenance period shall terminate in accordance with the terms of such Generation Forecast and written notice).

  • Support and Maintenance Where Licensee purchases support and/or maintenance services, Licensee’s initial support and/or maintenance term will begin upon delivery to Licensee of the Licensed Software and continue for one (1) year thereafter (or the length of the term if less than a year for any subscription/term license) unless otherwise specified in the applicable annual support and/or maintenance agreement, Product Order, or other written agreement executed between Licensor and Licensee. Where Licensee purchases support and/or maintenance for any Licensed Software, Licensee hereby agrees that it shall purchase such support and/or maintenance services for all of Licensee’s licensed units of such Licensed Software product. Support and/or maintenance services provided by Licensor will be subject to Licensor’s then current applicable standard annual support and/or maintenance agreement unless otherwise agreed by the parties in writing.

  • Repair and Maintenance 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain the following: a. The structural parts of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.