Lack of Availability Clause Samples
The Lack of Availability clause defines the procedures and consequences when a required resource, service, or personnel is not available as stipulated in the agreement. Typically, this clause outlines the steps parties must take if availability issues arise, such as notifying the other party, seeking alternatives, or suspending certain obligations until the issue is resolved. Its core function is to manage disruptions caused by unavailability, ensuring both parties have a clear process to follow and reducing the risk of disputes or contract breaches due to unforeseen shortages or absences.
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Lack of Availability. In the event Hives is unavailable to the Customer due to circumstances not attributable to Hives’s service and maintenance, Customer is entitled to a price reduction of fees for Hives, calculated pro rata, for office hours (8.00 AM-5.00 PM) and for which time Hives was not available to the Customer. Hives’s obligations under this section 10 applies only if Customer has met all obligations set forth in section 6 above. Hives is in addition not responsible for lack in availability directly or indirectly caused by: (i) Customer or circumstances for which Customer is responsible; (ii) interruption in communication services; (iii) scheduled interruptions due to service of Hives or Hives’s systems; or (iv) circumstances Hives could not reasonably have foreseen or avoided, including but not limited to, force majeure, virus or any other external attack. In the event the service interruption continues, Customer shall be entitled to terminate the Agreement, provided the lack of availability is considered a material breach of the Agreement according to section 16 below. This section 9 constitutes the sole and entire liability towards Customer in relation to the lack of access to the services and Hives.
Lack of Availability. A) Non acceptance of shifts
i) Where a casual employee has not accepted work for a period of three (3) months, the Employer will meet with the employee and the union to discuss the bona fides of the refusal and the continued employment of the employee. If there is no bona fide reason the employee shall be warned.
ii) Where there is no bona fide reason for the refusal of work and a further month has elapsed without any shifts worked by the employee, the casual employee's name will be deleted from the casual register.
Lack of Availability. It is possible, through no fault of the School, that the premises or part of it may be damaged or there may be a failure of services which may cause the premises to become unfit for use. In the event of such an occurrence the School shall not be liable to the Hirer for any resulting loss or damage whatsoever.
Lack of Availability. On-Call Employees who are not available on days/shifts they have designated when called to work, may be subject to review annually. If the Employee has cancelled more than 50% of their available days/shifts annually, when called to work, the Employee may be subject to termination.
Lack of Availability. If the Agent is not contactable for a period of 3 (three) days or more, unless Shop2Shop has agreed to the contrary, in writing, or legitimate reason for unavailability has been determined by Shop2Shop;
Lack of Availability. If any Product subject to an Acceptance Notice is not -------------------- available for any reason, AIM will notify BC electronically no later than [***] following receipt of the order. BC will have sole responsibility for notifying visitors to the Site that quantities and availability of each SKU are extremely limited or, if applicable, that the SKU is no longer available. DUE TO THE CLOSE OUT OR LIQUIDATION ____________________ [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. NATURE OF THE PRODUCTS AND THE NON-EXCLUSIVE NATURE OF THIS ARRANGEMENT, AIM CANNOT AND WILL NOT BE RESPONSIBLE FOR LACK OF AVAILABILITY, FAILURE TO PROVIDE NOTICE TO BC OR ANY OTHER PARTY, OR BACKORDERS.
Lack of Availability. It can happen that, through no fault of the School, the Hall or part of it may be damaged or there may be a failure of services which may cause the Hall to become unfit for the use for which it has been hired. Standard Condition 15 covers this point. Once a School has signed the agreement and accepted a fee then they are contractually bound to carry out the hiring unless the contract becomes void or the hirer is in breach of his/her part of the agreement. However, a School may not wish to accept a booking, or may need to cancel or terminate a booking either before, or during the hire period and this clause gives them the right to do so without being liable for breach of contract. It is important that Schools do not exercise this right without good reason: firstly, because to do so frequently will damage hirers' confidence to use the Hall and secondly, because they may need to justify their decision at a later date.
Lack of Availability. In the event that the Partner is not contactable for a period of 3 (three) days or more, unless Shop2Shop has agreed to the contrary, in writing, or legitimate reason for unavailability has been determined by Shop2Shop. (all referred to as a “Default Event”)