LIABILITY FOR SERVICE Sample Clauses

LIABILITY FOR SERVICE. 9.01 Subject to the provisions of the Rate Schedules and this Agreement, the Power and Energy herein contracted for will be made available for use by the Customer during twenty-four (24) hours on each and every day of the term of this Agreement. 9.02 The obligation of Hydro to furnish Power and Energy under this Agreement is expressly subject to all accidents or causes that may occur at any time and affect the generation or transmission of such Power and Energy, and in any such event, but subject to Clause 9.03, Hydro shall have the right in its discretion to reduce or, if necessary, to interrupt the supply of Power and Energy under this Agreement. 9.03 Hydro agrees to take all reasonable precautions to prevent any reduction or interruption of the supply of Power and Energy or any variation in the frequency or voltage of such supply, and whenever any such reduction, interruption or variation occurs, Hydro shall use all reasonable diligence to restore its service promptly. (1) Subject to Clause 9.04(2) hereof, Hydro shall be liable for and in respect of only that direct loss or damage to the physical property of the Customer caused by any negligent act or omission of Hydro its servants or agents. Customer agrees that for the purpose of this Clause 9.04, \"direct loss or damage to the physical property of the Customer\" shall not be construed to include damages for inconvenience, mental anguish, loss of profits, loss of earnings or any other indirect or consequential damages or losses.
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LIABILITY FOR SERVICE. Landlord shall not be liable for damages, by abatement of rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when the failure or delay or diminution is occasioned, in whole or in part, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable control; and failures, delays and/or diminution shall not be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from the obligation to pay Rent or perform any of its other obligations under this Lease. Landlord also reserves the right temporarily to suspend, delay or discontinue furnishing any of the services to be provided by Landlord under this Lease, without abatement or diminution in Rent and without any liability to Tenant as a result thereof, for inspections, cleaning, repairs, replacements, alterations, improvements or renewals which Landlord deems necessary or desirable, provided that Landlord shall make reasonable efforts to minimize interference with Tenant's normal business operations and shall, to the extent reasonably possible under the circumstance, give Tenant advance notice of any proposed suspension of services. If any utility service furnished by Landlord is interrupted, delayed or terminated because of repairs, alterations, or any cause beyond Landlord's reasonable control, Landlord will take all reasonable steps to restore the interrupted utility or service promptly.
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LIABILITY FOR SERVICE. As between the parties, Linktone Parties shall be solely liable for all parts of the Service, including any messages transmitted as part of or via the Service other than the ▇▇▇▇▇▇ Content provided that Linktone Parties shall not be liable for any transmission failure in respect of any message transmitted as part of or via the Service caused by any technical problems beyond the control of Linktone Parties including defects, congestion or failures of capacity in a Service Operator's hardware and/or software. Linktone Parties shall be solely liable for any other unsuccessful transmission or any message transmitted as part of or via the Service including where such failure is caused by the failure of Linktone Parties' own hardware and/or software. In connection with its obligations under this paragraph, Linktone Parties shall monitor the reliability and capacity of each Service Operator's network and shall use its best efforts to report to ▇▇▇▇▇▇ on the predicted and actual level of network and system failures and other hardware and/or software problems which might cause or have caused the transmission failure of any message transmitted as part of or via the Service.
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LIABILITY FOR SERVICE. 11.01 Subject to the provisions of the Rate Schedules and this Agreement, the Power and Energy herein contracted for will be made available for use by the Customer during twenty-four (24) hours on each and every day of the term of this Agreement. 11.02 The obligation of Hydro to furnish Power and Energy under this Agreement is expressly subject to all accidents or causes that may occur at any time and affect the generation or transmission of such Power and Energy, and in any such event, but subject to Clause 11.03, Hydro shall have the right in its discretion to reduce or, if necessary, to interrupt the supply of Power and Energy under this Agreement. 11.03 Hydro shall cause all usual precautions to be taken in order to guard against interruptions or diminutions in the supply of Power to the Customer and shall cause all such interruptions or diminutions that occur to be terminated with all possible dispatch, and if interruptions or diminutions are necessary or unavoidable for repair, overhauling or inspection of equipment or for improving or adding to its equipment, Hydro shall give the Customer reasonable notice of any anticipated interruption or diminution of any amount of Power so that inconvenience and loss to the Customer may be minimized. 11.04 If for any reason Hydro is unable to deliver continuously any amount of Power, and provided that the reason that Hydro is unable to deliver such amount of Power can be addressed by a proportionate sharing of the total required Power reduction, the Customer shall, when required so to do by Hydro, reduce the Power to be taken by it to such amount as may be specified by Hydro. The Customer shall not be required to reduce the Power to be taken by it and Hydro shall not reduce the same in greater proportion than other Labrador industrial customers of Hydro (except any customer to whom power is sold for ultimate use by the general public). 11.05 Save and except that if such interruption or diminution is due to the negligence of Hydro, the Customer agrees that it will not make any claim against Hydro or hold Hydro liable for any loss or damage arising from any interruption or diminution in the supply of Electricity under Clauses 11.03 and 11.04. So long as such interruption or diminution continues, the Customer’s sole remedy shall be the right to reduce its Billing Demand in respect of the period of such Hydro - Kami Service Agreement interruption or diminution by an amount of kilowatts proportionate to the reduction...
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LIABILITY FOR SERVICE. Page 9 12. REPAIRS............................................................Page 9 13. ACCESS TO PREMISES.................................................Page 9 14. DAMAGE FROM CERTAIN CAUSES.........................................Page 10 15. TRANSFER, ASSIGNMENT AND SUBLETTING................................Page 10 15.1 By Tenant....................................................Page 10 15.2 By Landlord..................................................Page 11 16. SURRENDER OF PREMISES..............................................Page 11 17.
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Related to LIABILITY FOR SERVICE

  • Liability for Subcustodians (a) Subject to the exculpation from consequential damages set forth in Section 7.1(b), Bank shall be liable for direct Liabilities incurred by Customer that result from: (i) the acts or omissions of any Subcustodian selected by Bank, whether domestic or foreign, to the same extent as if such act or omission was performed by Bank itself, taking into account the standards and market practice prevailing in the relevant market; or (ii) the insolvency of any Affiliated Subcustodian. Subject to the terms and conditions of this Agreement, including the exculpation from consequential damages set forth in Section 7.1(b), Bank shall take full responsibility for any Liabilities that result from or that are caused by the fraud, willful misconduct, or negligence of its Subcustodians or the insolvency of an Affiliated Subcustodian. In the event of any Liabilities suffered or incurred by Customer caused by or resulting from the acts or omissions of any Subcustodian for which Bank would otherwise be liable, Bank shall promptly reimburse Customer in the amount of any such Liabilities. (b) Subject to Section 7.1(a) and Bank’s duty to use reasonable care, prudence and diligence in the monitoring of a Subcustodian’s financial condition as reflected in its published financial statements and other publicly available financial information concerning it, Bank shall not be responsible for the insolvency of any Subcustodian which is not a branch or an Affiliated Subcustodian. (c) Bank reserves the right to add, replace or remove Subcustodians. Bank shall give Customer prompt notice of any such action, which shall be advance notice if practicable. Upon request by Customer, Bank shall identify the name, address and principal place of business of any Subcustodian and the name and address of the governmental agency or other regulatory authority that supervises or regulates such Subcustodian.

  • Compensation for Services Provided As compensation for providing portfolio supervisory services in its capacity as Portfolio Supervisor, evaluation services in its capacity as Evaluator, and for providing bookkeeping and other administrative services to the Trust of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940, and to the extent that such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee, First Trust Advisors L.P. shall receive, in arrears, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in the per Unit amount set forth in Part II of the Trust Agreement for the Trust, calculated based on the largest number of Units outstanding during the calendar year, except during the initial offering period as determined in Section 4.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which First Trust Advisors L.P. provides services described herein during less than the whole of such year). Such fee may exceed the actual cost of providing such services for the Trust, but at no time will the total amount received for such services rendered to unit investment trusts of which the Depositor is the sponsor in any calendar year exceed the aggregate cost to First Trust Advisors L.P. of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase after the date hereof in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index should no longer be published. The consent or concurrence of any Unit holder hereunder shall not be required for any such adjustment or increase. Such compensation shall be paid by the Trustee, upon receipt of an invoice therefor from First Trust Advisors L.P., which shall constitute the representation by First Trust Advisors L.P. that the bookkeeping and administrative services for which compensation is claimed are properly compensable hereunder and that the aggregate cost incurred by First Trust Advisors L.P. of providing portfolio supervisory, evaluation and bookkeeping and administrative services hereunder was not less than the compensation claimed, upon which representation the Trustee may conclusively rely. Such compensation shall be charged against the Income and/or Capital Accounts in accordance with Section 3.05. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 4.03, the Trustee shall have the power to sell (i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 4.03. Any moneys payable to First Trust Advisors L.P. pursuant to this Section 4.03 shall be secured by a lien on the Trust prior to the interest of Unit holders, but no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04 herein.

  • Compensation for Services You may be eligible to receive compensation for providing certain services in respect of Shares of the Funds if you meet the requirements of and enter into a Dealer Services Agreement with American Funds Service Company.

  • Liability for Damage Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy.

  • Responsibility for Subcustodians Except as provided in the last sentence of this Section 8.6, the Custodian shall be liable to the Fund for any loss or damage to the Fund caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence or willful misconduct in accordance with the terms of the relevant subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and Subcustodians designated by the Custodian, from time to time on the Global Custody Network Listing shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the Subcustodian.