Maintenance and faults Sample Clauses

Maintenance and faults. (a) Maintenance From time to time, the Network requires maintenance that may interfere with your Service. We will provide you with notice of any scheduled maintenance where reasonably possible.
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Maintenance and faults. The parties acknowledge and agree that: (a) OptiComm will conduct maintenance on the Network in accordance with the Service Level Agreement; (b) OptiComm does not warrant that the Services will be free of blockages, interruptions, delays or Faults, but will remedy any Fault or problem in accordance with this Agreement; (c) if the Customer becomes aware or reasonably suspects the existence of a Fault or any event or circumstance that is causing or likely to cause an interruption or degradation to a Service or otherwise detects a degradation in a Service that could lead to a Fault occurring, it will notify OptiComm as soon as reasonably possible using the process specified in the Service Level Agreement; and (d) unless caused by OptiComm's negligence or fair wear and tear, the Customer is responsible for the reasonable cost of repairing damage to OptiComm facilities that are installed on End-user premises.
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Maintenance and faults. B.3.1. Dotcomsport has the right to take its systems, including the Service, or parts thereof temporarily out of service for the purposes of maintenance, modification or improvement. Dotcomsport shall endeavor to arrange for such taking out of service to take place as far as possible outside office hours and shall make every effort to notify the Client of the planned taking out of service in good time. Under no circumstances, however, is Dotcomsport liable for compensation for damage with such taking out of service. B.3.2. Dotcomsport has the right to modify its systems, including the Service, or parts thereof from time to time to improve the functionality and to rectify faults. If a modification leads to a substantial change in the functionality, Dotcomsport shall make every effort to notify the Client thereof. In the case of modifications that are relevant for several Clients, it is not possible to forgo a given modification for the Customer alone. Dotcomsport is not liable for any compensation of damage due to such a modification. B.3.3. In the event of the non-availability of the Service, due to faults, maintenance or other causes, Dotcomsport shall make every effort to inform the Client of the nature and the expected duration of the interruption.
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Maintenance and faults. (1) The Supplier (or any of its Related Bodies Corporate) may conduct maintenance on the Supplier’s Equipment at any time. The Supplier will use reasonable endeavours to schedule such maintenance, where it may adversely affect delivery of the Services, with reasonable notice and outside Business Hours. (2) The Supplier does not warrant that the Services will be free of blockages, interruptions, delays or faults, but shall remedy any fault or problem in accordance with this Agreement and the Fault Management Procedure. (3) If the Customer becomes aware or reasonably suspects the existence of a fault in a Service or any event or circumstance that is causing or likely to cause an interruption or degradation to a Service or otherwise detects a degradation in a Service that could lead to a fault occurring, it must notify the Supplier as soon as reasonably practicable. (4) Except where provided otherwise by the Fault Management Procedure, following receipt of a notice under clause 3.5(3), if the Supplier (acting reasonably) determines that: (a) a fault reported by the Customer arose: (i) in or in connection with the Customer’s Equipment; or (ii) in or in connection with the Customer’s facilities, networks or systems; or (iii) as a result of any wrongful or negligent act or omission by the Customer or its Representatives; or (iv) in or in connection with any third party equipment, facilities, networks or systems; or (b) there was no fault, then the Supplier may charge the Customer a Fee for investigating or remedying the fault, or investigating or attempting to remedy the non-existent fault, at the Supplier’s then current time and materials rates, together with any out of pocket expenses reasonably incurred by the Supplier for investigating or remedying the fault.
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Maintenance and faults. The parties acknowledge and agree that: (a) CommSol Holdings will conduct maintenance on the Network in accordance with the Service Level Agreement; (b) CommSol Holdings does not warrant that the Services will be free of blockages, interruptions, delays or Faults, but will remedy any Fault or problem in accordance with this Agreement; and (c) if the Customer becomes aware or reasonably suspects the existence of a Fault or any event or circumstance that is causing or likely to cause an interruption or degradation to a Service or otherwise detects a degradation in a Service that could lead to a Fault occurring, it will notify CommSol Holdings as soon as reasonably possible using the process specified in the Service Level Agreement.
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Maintenance and faults. 55.1 Maintenance
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Maintenance and faults. The parties acknowledge and agree that: (a) CFN will conduct maintenance on the Network in accordance with the Service Level Agreement; (b) CFN does not warrant that the Services will be continuously available, free of errors, blockages, interruptions, delays or Faults, but will remedy any Fault or problem in accordance with this Agreement; (c) if the Customer becomes aware or reasonably suspects the existence of a Fault or any event or circumstance that is causing or likely to cause an interruption or degradation to a Service or otherwise detects a degradation in a Service that could lead to a Fault occurring, it will notify CFN as soon as reasonably possible using the process specified in the Service Level Agreement; and (d) unless caused by CFN's negligence or fair wear and tear, the Customer is responsible for the reasonable cost of repairing damage to CFN facilities that are installed on End- user premises.
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Maintenance and faults. 5.1 Subject always to clause 3.1(b) above Sesui shall maintain the Service in accordance with the provisions of this Agreement. 5.2 Sesui may: (a) suspend the Service in the event that any routine maintenance is likely to cause any impairment or suspension of the Service in which case Sesui shall give the Customer reasonable written notice of such maintenance / suspension; (b) where a fault or impairment occurs to the Service, Sesui shall use its reasonable endeavours to repair such fault or impairment as quickly as reasonably possible, once the fault or impairment has been brought to Sesui’s attention in writing by the Customer; (c) where any fault or impairment (including damage to Hardware) is not caused by Sesui or its suppliers, Sesui will levy a reasonable charge for restoring the Service and / or replacing such damaged Hardware.
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Maintenance and faults 
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Related to Maintenance and faults

  • Maintenance and Inspection Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

  • USE AND MAINTENANCE (a) Lessee shall (i) use the Equipment solely in the conduct of its business, for the purpose for which the Equipment was designed, in a careful and proper manner and not discontinue use of the Equipment; (ii) operate, maintain, inspect, service, repair, overhaul and test the Equipment, and maintain all records, logs and other materials relating thereto, in accordance with (1) all maintenance and operating manuals or service agreements, whenever furnished or entered into, including any subsequent amendments, supplements, renewals or replacements thereof, issued by the manufacturer or service provider, (2) the requirements of all applicable insurance policies, (3) the Purchase Documents, so as to preserve all of Lessee's and Lessor's rights thereunder, including all rights to any warranties, indemnities or other rights or remedies, (4) Applicable Laws, and (5) consistent with the prudent practice of other similar companies in the same business as Lessee, but in any event, to no lesser standard than that employed by Lessee for comparable equipment owned or leased by it; (iii) not change the location of any Equipment as specified in the Equipment Schedule without the prior written consent of Lessor; (iv) not attach or incorporate the Equipment to or in any other item of equipment in such a manner that the Equipment may be deemed to have become an accession to or a part of such other item of equipment; (v) cause each principal item of the Equipment to be continually marked, in a plain and distinct manner, with the name of Lessor or its designee followed by the words "Owner and Lessor," or other appropriate words designated by Lessor on labels furnished by Lessor, and (vi) cause the Equipment to be kept and maintained in good operating condition and in the same condition as when delivered to Lessee hereunder, except for ordinary wear and tear resulting despite Lessee's full compliance with the terms hereof. With respect to Lessee's agreement in subclause (ii) above to maintain, inspect, service, repair, overhaul and test each item of Equipment in accordance with sub-subclauses (1), (3) and (5), Lessee shall undertake and be responsible for the foregoing in exchange for a credit to Lessee's rental obligations the amount of which has been calculated and agreed to by both Lessee and Lessor as fair and complete consideration for such undertaking and responsibility as it may now and hereafter exist (including the payment of all charges, fees, costs and expenses relating thereto), and accounted for in the amount of Basic Rent Lessee has agreed to pay for such item of Equipment by its execution and delivery of the Equipment Schedule relating thereto. In furtherance of the foregoing, Lessee acknowledges and agrees that (A) the credit provided for in the preceding sentence shall fully discharge Lessor for all purposes from performing or complying with any of the obligations specified in such sentence (to the extent Lessor would be deemed to have had any responsibility therefor), and (B) it shall also undertake, be responsible for and otherwise fully perform and comply with all of the obligations provided for herein that are not specified in the preceding sentence, and that it shall not be entitled to any credit or other compensation with respect thereto, nor shall Lessor have any responsibility to Lessee or any other person with respect to the performance or non-performance of, or compliance or non-compliance with, any of such obligations, or any other obligations not expressly assumed by it hereunder. (b) If any parts of the Equipment become worn out, lost, destroyed, damaged beyond repair or otherwise permanently rendered unfit for use, Lessee, at its own expense, will within a reasonable time replace such parts with replacement parts that are free and clear of all Liens and have a value and utility at least equal to the value, condition and utility that such replaced parts would have had if maintained in the condition and repair required by the terms hereof. In the event that any Applicable Law requires alteration or modification to the Equipment, Lessee will conform thereto or obtain conformance therewith, and shall otherwise cause the altered or modified Equipment to comply with the provisions hereof. With respect to parts, additions or improvements which are added to the Equipment that are essential to the operation of the Equipment, are necessary to cause it to be in compliance with the provisions of this Lease or which cannot be detached from the Equipment without materially interfering with the operation of the Equipment or adversely affecting the value, condition and utility which the Equipment would have had without the addition thereof, title thereto shall immediately vest in Lessor to the same extent and with the same priority as Lessor holds in the Equipment, without cost or expense to Lessor, or any further action by any other person, and such parts, improvement and additions shall be deemed incorporated in the Equipment and subject to the terms of this Lease as if originally leased hereunder. Lessor agrees that upon Lessee's replacing a part in full compliance with the provisions of this subsection (b), all of Lessor's right, title and interest in and to any part so replaced shall without further action vest in Lessee "AS IS, WHERE IS," and otherwise subject to the provisions of Section 7 hereof. Lessee shall not make any material alterations to the Equipment without the prior written consent of Lessor, which consent shall not be unreasonably withheld. (c) Upon the twenty-four (24) hours' written or telephonic request of Lessor, Lessee shall provide to Lessor any information reasonably requested by Lessor pertaining to the Equipment or Lessee, including, the location and condition of the Equipment. Upon reasonable advance notice (which the parties agree shall be no less than forty-eight (48) hours' written or telephonic request) Lessee shall afford Lessor access to Lessee's premises where the Equipment is located for the purpose of inspecting such Equipment, all applicable maintenance and other records, Permits, licenses and any notices or directives from any manufacturer, vendor, service provider or Governmental Authority, at any reasonable time during normal business hours; provided, however, if a Default or default shall have occurred and be continuing, no notice of any inspection by Lessor shall be required. In the event Lessee fails or is unable to perform any of its obligations hereunder, Lessor shall have the right, but not the obligation, to perform the same, and Lessee shall forthwith reimburse Lessor on an after-tax basis, as Supplemental Rent, for all costs and expenses incurred by Lessor in performing the same. Lessor shall not have any duty to make or cause to be made any inspection, repair, restoration, replacement, renewal, addition or improvement of any nature or description with respect to the Equipment, or the related property or to incur any cost or expense in connection with any Lease Document and Lessor shall not incur any liability or obligation to any person by reason of Lessor's doing, causing to be done or failing to do any of the foregoing, in its discretion.

  • Installation and Maintenance Except for the bi‐directional and production metering equipment owned by the City, all equipment on Customer’s side of the delivery point, including the required disconnect device, shall be provided and maintained in satisfactory operating condition by Customer and shall remain the property and responsibility of the Customer. The City will bear no responsibility for the installation or maintenance of Customer’s equipment or for any damage to property as a result of any failure or malfunction thereof. The City shall not be liable, directly or indirectly for permitting or continuing to allow the interconnection of the Facility or for the acts or omissions of Customer or the failure or malfunction of any equipment of Customer that causes loss or injury, including death, to any party.

  • Maintenance and Use of Property Borrower shall cause the Property to be maintained in a good and safe condition and repair. The Improvements and the Personal Property shall not be removed, demolished or materially altered (except for normal replacement of the Personal Property or as permitted in the PETsMART Lease) without the consent of Lender. Except as provided in Section 3.8(f) hereof, Borrower shall promptly repair, replace or rebuild or cause to be repaired, replaced or rebuilt, any part of the Property which may be destroyed by any casualty, or become damaged, worn or dilapidated or which may be affected by any proceeding of the character referred to in Section 3.6 hereof and shall complete and pay for any structure at any time in the process of construction or repair on the Land. Borrower shall not initiate, join in, acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining the uses which may be made of the Property or any part thereof, provided, that Borrower shall be permitted to enter into easement agreements or grant rights of way so long as such agreements or grants do not reduce the value of the Property or impair its use, and so long as Borrower has delivered to Lender a title endorsement satisfactory to Lender with respect to such agreements and/or rights of way. If under applicable zoning provisions the use of all or any portion of the Property is or shall become a nonconforming use, Borrower will not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender.

  • Maintenance of Improvements All improvements on the property, including, but not limited to, buildings, trees or other improvements now on the premises, or hereafter made or placed thereon, shall be a part of the security for the performance of this contract and shall not be removed therefrom. Purchaser shall not commit, or suffer any other person to commit, any waste or damage to said premises or the appurtenances and shall keep the premises and all improvements in as good condition as they are now.