Partial Discontinuance Clause Samples

The Partial Discontinuance clause allows one or more parties to withdraw from specific parts of a legal action or claim while leaving the remainder of the case ongoing. In practice, this means that a plaintiff or defendant can discontinue certain claims, issues, or parties from the proceedings without ending the entire lawsuit. This clause is useful for streamlining litigation, focusing on the most relevant disputes, and potentially reducing costs or complexity by removing resolved or unnecessary elements from the case.
Partial Discontinuance. In the event that SEARHC determines that continuing to provide all or substantially all of the inpatient, long-term care, or ambulatory health care services it then provides in Sitka, Alaska, is not feasible or desirable for any reason, including but not limited to a decision to sell or otherwise dispose of SEARHC’s interest in all or substantially all of the inpatient, long-term care, or ambulatory health care services it provides in Sitka, Alaska, SEARHC shall provide notice to the City of SEARHC’s intent to discontinue such services, and shall afford the City the right to acquire such health care services upon terms to be negotiated between the Parties. If within ninety (90) days following the notice from SEARHC the City and SEARHC do not enter into a letter of intent with binding provisions related to (i) the method for establishing the financial aspects of the transaction and (ii) the structure of and closing date of the transaction pursuant to which the City will acquire such health care services from SEARHC, then SEARHC’s obligations under this Section 6.21 shall expire.
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Partial Discontinuance. (a) WLP may discontinue without liability to SITA (including for any pass through charges permitted hereunder or Access Provider discontinuance charges) except for charges (less any applicable credits) for such Service(s) or Service Component(s) incurred prior to, and remaining unpaid as of, the effective date of such discontinuance: (i) immediately upon written notice to SITA where particular Services or Service Components may be discontinued by WLP without liability as is permitted by this Agreement, including under Section 2.6 (Redesigns and Modifications to the Network),Section 2.14(b)(viii) (Contingency and Recovery),Section 11.3 (Performance Times) (subject to WLP’s obligation to pay amounts as set forth in Section 11.3) and Section 15.19 (Tariffs); or (ii) Upon 30 days prior written notice to SITA, if SITA files tariff revisions (or the equivalent) that would materially and adversely affect the prices, terms or conditions under which WLP is offered the Services and if SITA is unable to provide WLP with a credit to be applied against Charges applicable to the Services in a jurisdiction in which SITA is permitted to offer the Services under a customer-specific contract, which credit shall be equal to the difference between the tariff rates and those set forth in this Agreement. (b) In the event of a partial discontinuance under this Section 14.3, the Preferred Provider Commitment shall be reduced in accordance with Section 2.3 (Preferred Provider Commitment).
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Partial Discontinuance. “Partial means Customer’s discontinuance of certain Services, as described in Section 12.3 hereof
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Partial Discontinuance. Independent of Newco’s rights to terminate this MSA under Article 10, Newco may discontinue components of the Base Services pursuant to Subsection 10.12(b) below, provided that such Subsection shall not be construed to allow Newco to discontinue components that are subject to a termination right under
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Partial Discontinuance. Independent of Customers other rights to terminate this Attachment, Customer may terminate, without penalty or the obligation to pay any previously waived deletion charge, all Services at a Customer or User’s location at which (i) PVC Availability for a material number of the PVCs at such location falls below ninety-nine and nine-tenths percent (99.9%) during any month; (ii) the Service is the subject of an unexcused delay in installation of more than twenty (20) days at such location and Customer cancels its order; or (iii) the Service is the subject of an excusable unavailability for a period of more than thirty (30) days. In the event that Customer discontinues the Service at one (1) or more locations pursuant to this Paragraph 13.C. (Partial Discontinuance), if Customer is unable to meet the MARC after the occurrence of any such partial discontinuance, the Covered Charges that AT&T would have assessed at such locations had the Service not been discontinued shall be counted towards the MARC and the discount tiers for any applicable volume discounts.
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Related to Partial Discontinuance

  • Discontinuance If payment of amounts due as described herein is not received by the ▇▇▇▇ date in the month after the original ▇▇▇▇ date, BellSouth will provide written notice that BellSouth may Discontinue the provision of existing services to OneTone if payment of such amounts, and all other amounts that become past due before Discontinuance, including requested security deposits, is not received by wire transfer, automatic clearing house or cashier’s check in the manner set forth in Section 1.4.1 above or in the case of a deposit in accordance with Section 1.3.1 above, within thirty (30) days following such written notice; provided, however, that BellSouth may provide written notice that such existing services may be Discontinued within fifteen (15) days following such notice, subject to the criteria described in Section 1.5.5 below.

  • Discontinuance of Business If COMPANY discontinues operating its business, this Agreement shall terminate as of the last day of the month on which COMPANY ceases its entire operations with the same effect as if that last date were originally established as termination date of this Agreement.

  • Discontinuance of Service A. The procedures for discontinuing service to an end user are as follows: 1. Where possible, the Company will deny service to Reseller’s end user on behalf of, and at the request of, Reseller. Upon restoration of the end user’s service, restoral charges will apply and will be the responsibility of Reseller. 2. At the request of Reseller, the Company will disconnect a Reseller end user customer. 3. All requests by Reseller for denial or disconnection of an end user for nonpayment must be in writing. 4. Reseller will be made solely responsible for notifying the end user of the proposed disconnection of the service. 5. The Company will continue to process calls made to the Annoyance Call Center and will advise Reseller when it is determined that annoyance calls are originated from one of their end user’s locations. The Company shall be indemnified, defended and held harmless by Reseller and/or the end user against any claim, loss or damage arising from providing this information to Reseller. It is the responsibility of Reseller to take the corrective action necessary with its customers who make annoying calls. Failure to do so will result in the Company’s disconnecting the end user's service. B. The procedures for discontinuing service to Reseller are as follows: 1. The Company reserves the right to suspend or terminate service for nonpayment or in the event of prohibited, unlawful or improper use of the facilities or service, abuse of the facilities, or any other violation or noncompliance by Reseller of the rules and regulations of the Company’s Tariffs. 2. If payment of account is not received by the ▇▇▇▇ ▇▇▇ in the month after the original ▇▇▇▇ ▇▇▇, the Company may provide written notice to Reseller, that additional applications for service will be refused and that any pending orders for service will not be completed if payment is not received by the fifteenth day following the date of the notice. If the Company does not refuse additional applications for service on the date specified in the notice, and Reseller's noncompliance continues, nothing contained herein shall preclude the Company's right to refuse additional applications for service without further notice. 3. If payment of account is not received, or arrangements made, by the ▇▇▇▇ ▇▇▇ in the second consecutive month, the account will be considered in default and will be subject to denial or disconnection, or both. 4. If Reseller fails to comply with the provisions of this Agreement, including any payments to be made by it on the dates and times herein specified, the Company may, on thirty days written notice to the person designated by Reseller to receive notices of noncompliance, discontinue the provision of existing services to Reseller at any time thereafter. In the case of such discontinuance, all billed charges, as well as applicable termination charges, shall become due. If the Company does not discontinue the provision of the services involved on the date specified in the thirty days notice, and Reseller's noncompliance continues, nothing contained herein shall preclude the Company's right to discontinue the provision of the services to Reseller without further notice. 5. If payment is not received or arrangements made for payment by the date given in the written notification, Reseller's services will be discontinued. Upon discontinuance of service on a Reseller's account, service to Reseller's end users will be denied. The Company will also reestablish service at the request of the end user or Reseller upon payment of the appropriate connection fee and subject to the Company's normal application procedures. Reseller is solely responsible for notifying the end user of the proposed disconnection of the service. 6. If within fifteen days after an end user’s service has been denied no contact has been made in reference to restoring service, the end user’s service will be disconnected.

  • Discontinuation Either party may discontinue the job/time sharing arrangement with ninety

  • Notice to Discontinue Each Designated Holder agrees that, upon receipt of any notice from the Company of the happening of any event of the kind described in Section 7(a)(v), such Designated Holder shall forthwith discontinue disposition of Registrable Securities pursuant to the Registration Statement covering such Registrable Securities until such Designated Holder's receipt of the copies of the supplemented or amended prospectus contemplated by Section 7(a)(v) and, if so directed by the Company, such Designated Holder shall deliver to the Company (at the Company's expense) all copies, other than permanent file copies then in such Designated Holder's possession, of the prospectus covering such Registrable Securities which is current at the time of receipt of such notice. If the Company shall give any such notice, the Company shall extend the period during which such Registration Statement shall be maintained effective pursuant to this Agreement (including, without limitation, the period referred to in Section 7(a)(ii)) by the number of days during the period from and including the date of the giving of such notice pursuant to Section 7(a)(v) to and including the date when sellers of such Registrable Securities under such Registration Statement shall have received the copies of the supplemented or amended prospectus contemplated by and meeting the requirements of Section 7(a)(v).