Operation and Maintenance of the Network Sample Clauses
The "Operation and Maintenance of the Network" clause defines the responsibilities and standards for managing, operating, and maintaining a network infrastructure. It typically outlines the obligations of the party in charge—such as ensuring the network remains functional, secure, and up-to-date, and performing regular maintenance or repairs as needed. For example, this may include scheduled downtime for upgrades, prompt response to outages, and adherence to industry best practices. The core function of this clause is to ensure the network's reliability and performance, minimizing disruptions and clarifying accountability for network upkeep.
Operation and Maintenance of the Network. (A) Network Rail shall ensure, at all times following the Commencement Date, that it is authorised by a licence granted under section 8 of the Act to be the operator of that part of the Network comprising the Route or is exempt from the requirement to be so authorised under section 7 of the Act.
(B) Network Rail shall ensure that adequate and suitably qualified personnel are engaged in the operation and maintenance of that part of the Network comprising the Routes.
(C) Network Rail shall ensure that the Network is maintained and operated to a standard which shall permit the provision of the Services using the Specified Equipment in accordance with Schedule 5.
Operation and Maintenance of the Network. INS shall be responsible for the operation and maintenance of its network in accordance with the performance specifications as stated in Exhibit “1” to this agreement. In the event of failure or degradation of the performance of the INS network to a point, where the service provided to CUSTOMER is inferior to those performance specifications (a service affecting condition) INS shall proceed immediately and with due diligence to restore its network to the level of performance specified by the performance specifications. Provided that INS shall repair any service affecting condition within 24 hours following receipt of telephonic notice of the condition in accordance with Article 11 hereof, INS shall have no responsibility or liability to CUSTOMER for any disruption in service. In the event that any such service affecting condition shall extend beyond 24 hours INS sole and only obligation to CUSTOMER shall be to rebate that portion of the monthly service charge prorated over the period of time during which service is unavailable to CUSTOMER. In the event that any service affecting condition shall extend beyond seventy-two (72) hours or that more than three (3) such occurrences of more than four (4) hours each shall occur within any calendar year affecting any service provided under this agreement, CUSTOMER shall have the right at its option to terminate that service upon written notice to INS. Any such termination shall place the parties in the same position as is the term if that service had expired. In lieu of a written notice, a facsimile is also acceptable within this Agreement.
Operation and Maintenance of the Network. In the event of failure or degradation of the performance of the network to a point where the service provided to the Customer is inferior to those performance specifications (a Service Affecting Condition), NaTel shall proceed immediately and with due diligence to restore its network to the level specified by the performance specifications. NaTel shall repair any Service Affecting Condition within 24 hours following receipt of notice of the condition in accordance with Schedule C hereof, NaTel shall have no responsibility or liability to the Customer for any disruption in service. In the event that any Service Affecting Condition shall extend beyond thirty (30) hours or that more than three (3) such occurrences of more than four (4) hours each shall occur within any calendar year affecting any service provided under this Agreement, the Customer shall have the right at its option to terminate that service upon written notice to NaTel. In lieu of a written notice, a signed facsimile (fax) is also acceptable within this Agreement. In the event the Customer experiences a line failure or other emergency necessitating immediate response from NaTel, NaTel agrees:
Operation and Maintenance of the Network. (a) Each Loan Party shall and shall cause each of its Subsidiaries to maintain or cause to be maintained in good repair, working order and condition all material property necessary for use in the business of such Loan Party or such Subsidiary, including the applicable Network, and to make or cause to be made all appropriate repairs, renewals and replacements thereof except to the extent the failure to do so would not reasonably be expected to have a Material Adverse Effect. All work required or permitted under this Agreement shall be performed in a workmanlike manner and in compliance with all Applicable Law except to the extent the failure to do so would not reasonably be expected to have a Material Adverse Effect.
(b) In the event of condemnation, casualty or loss with respect to the Receivables Assets or other property of the Borrower or any of its Subsidiaries at any Network, the Borrower shall give prompt written notice, and in any event within three (3) Business Days of obtaining Knowledge thereof, of any such condemnation, casualty or loss to the insurance carrier (if applicable) and the Administrative Agent.
(c) In the event of condemnation, casualty or loss with respect to the Receivables Assets or other property of the Borrower and its Subsidiaries in any Network (each, a “Casualty Event”), all Insurance Proceeds shall be deposited into the Insurance Proceeds Account and made available to the Borrower and its Subsidiaries to repair and restore the Network at least substantially to the Pre-Existing Condition (a “Restoration”) or reimburse the Borrower, its Subsidiaries or the Manager, as applicable, for amounts previously spent to restore the Network if: (i) no Event of Default is continuing; (ii) unless the applicable restoration has already occurred, the Manager determines that there will be sufficient funds to complete the Restoration of the Receivables Assets or other property of the Borrower and its Subsidiaries within the Network to at least substantially the condition it was in immediately prior to such event (excluding replacement of obsolete assets which are not required in connection with operating the applicable Network) (the “Pre-Existing Condition”) and in compliance with Applicable Law and to timely make all payments due under the Transaction Documents during the Restoration of the affected Receivables Assets or other property of the Borrower and its Subsidiaries within the Network; and (iii) unless the applicable restoration has alr...