Provision and Purchase of DS3 System Services Sample Clauses

Provision and Purchase of DS3 System Services. 3.1 Duty to provide DS3 System Services in accordance with the applicable Operating Parameters 3.1.1 In consideration of the Company’s agreement to pay the DS3 System Services Payments to the Service Provider on the terms and subject to the conditions of this Agreement, the Service Provider shall at all times during the term of, and subject to, this Agreement maintain, repair, fuel and operate the Providing Unit as required by Good Industry Practice and any legal requirements in order to provide the Relevant DS3 System Services in accordance with the applicable Operating Parameters. 3.1.2 The Service Provider shall reasonably endeavour not to issue or allow to remain outstanding an Availability Notice, a Technical Parameters Notice or an Additional Grid Code Characteristics Notice which declares the Availability, applicable Technical Parameters or additional technical data (respectively) of a Providing Unit at levels or values inferior to those that the Providing Unit could achieve at that time except: (i) during periods of Scheduled Outage or forced outage or otherwise with the consent of the Company; (ii) where necessary to avoid an imminent risk of injury to persons or material damage to property (including the Providing Unit); (iii) where it is not lawful for the Service Provider to operate the Providing Unit; (iv) to the extent that the Service Provider is affected by Force Majeure; or (v) in the event of a test of the Providing Unit under OC11 of the Grid Code or a System Test under OC10 of the Grid Code, provided that this Clause 3.1.2 shall not require the Service Provider to declare levels or values better than those specified in Schedule 9. 3.2 Compliance with the Grid Code, Distribution Code, Network Codes and Protocol 3.2.1 The Service Provider shall, during the term of this Agreement, comply with the Grid Code, Distribution Code, the Network Codes and the Protocol as appropriate as it relates to the provision of the DS3 System Services, (including declaring to the Company any inability to comply with the applicable Operating Parameters), subject to any derogations granted to the Service Provider by the Regulatory Authority.
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Provision and Purchase of DS3 System Services. 3.1 In this clause 3 "relevant provision" in relation to any matter or act which the Service Provider is obliged to procure in favour of the Company under this Agreement, means any provision under the Generating Unit Agreement or Power Station Agreement related to or connected with the same or similar matter or act. 3.2 Where under this Agreement the Service Provider is required to "procure" any matter or act such obligation shall be construed only as requiring the Service Provider to exercise such rights as are available to it under the Generating Unit Agreement or Power Station Agreement to ensure, to the extent possible, given those rights, that the Providing Unit Operator complies with the relevant provision (including without limitation to the generality of the foregoing, applying any consequences provided for in the Generating Unit Agreement or Power Station Agreement against the Providing Unit Operator for non-compliance with the relevant provision) provided that nothing in this clause 3.2 shall require the Service Provider: 3.2.1 to exercise any rights of termination it may have under the Generating Unit Agreement or the Power Station Agreement; or 3.2.2 to exercise any right under the Generating Unit Agreement or the Power Station Agreement where it has reasonable grounds for believing that such exercise would put it in breach of Condition 70 of the Supply Licence (Obligation on Economic Purchasing by Power Procurement Business) provided that immediately upon the Service Provider forming that view it shall notify the Company in writing of that fact (with detailed reasoning as to why it believes such breach is likely to arise) and the Parties shall meet and discuss in good faith whether the Service Provider should exercise its rights and/or how such rights should be exercised (including without limitation how such rights could be exercised to avoid any breach of Condition 70 of the Supply Licence). If the Parties cannot agree whether or not such rights should be exercised and/or the manner of their exercise either Party shall be entitled to refer the dispute to the Regulatory Authority for determination and the Parties shall comply with any determination made by the Regulatory Authority. 3.3 Duty to provide DS3 System Services in accordance with the applicable Operating Parameters 3.3.1 In consideration of the Company’s agreement to pay the DS3 System Services Payments to the Service Provider on the terms and subject to the conditions of this Agree...
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Related to Provision and Purchase of DS3 System Services

  • Use of Verizon Telecommunications Services 2.1 Verizon Telecommunications Services may be purchased by PNG under this Resale Attachment only for the purpose of resale by PNG as a Telecommunications Carrier. Verizon Telecommunications Services to be purchased by PNG for other purposes (including, but not limited to, PNG’s own use) must be purchased by PNG pursuant to other applicable Attachments to this Agreement (if any), or separate written agreements, including, but not limited to, applicable Verizon Tariffs. 2.2 PNG shall not resell: 2.2.1 Residential service to persons not eligible to subscribe to such service from Verizon (including, but not limited to, business or other nonresidential Customers); 2.2.2 Lifeline, Link Up America, or other means-tested service offerings, to persons not eligible to subscribe to such service offerings from Verizon; 2.2.3 Grandfathered or discontinued service offerings to persons not eligible to subscribe to such service offerings from Verizon; or 2.2.4 Any other Verizon service in violation of a restriction stated in this Agreement (including, but not limited to, a Verizon Tariff) that is not prohibited by Applicable Law. 2.2.5 In addition to any other actions taken by PNG to comply with this Section 2.2, PNG shall take those actions required by Applicable Law to determine the eligibility of PNG Customers to purchase a service, including, but not limited to, obtaining any proof or certification of eligibility to purchase Lifeline, Link Up America, or other means-tested services, required by Applicable Law. PNG shall indemnify Verizon from any Claims resulting from PNG’s failure to take such actions required by Applicable Law. 2.2.6 Verizon may perform audits to confirm PNG’s conformity to the provisions of this Section 2.2. Such audits may be performed twice per calendar year and shall be performed in accordance with Section 7 of the General Terms and Conditions. 2.3 PNG shall be subject to the same limitations that Verizon’s Customers are subject to with respect to any Telecommunications Service that Verizon grandfathers or discontinues offering. Without limiting the foregoing, except to the extent that Verizon follows a different practice for Verizon Customers in regard to a grandfathered Telecommunications Service, such grandfathered Telecommunications Service: (a) shall be available only to a Customer that already has such Telecommunications Service; (b) may not be moved to a new service location; and (c) will be furnished only to the extent that facilities continue to be available to provide such Telecommunications Service. 2.4 PNG shall not be eligible to participate in any Verizon plan or program under which Verizon Customers may obtain products or services, which are not Verizon Telecommunications Services, in return for trying, agreeing to purchase, purchasing, or using Verizon Telecommunications Services. 2.5 In accordance with 47 CFR § 51.617(b), Verizon shall be entitled to all charges for Verizon Exchange Access services used by interexchange carriers to provide service to PNG Customers.

  • Provision of Multiple Services If the Sub-Advisor shall have provided both investment advisory services under subparagraph (a) and investment management services under subparagraph (b) of paragraph (1) for the same portion of the investments of the Portfolio for the same period, the fees paid to the Sub-Advisor with respect to such investments shall be calculated exclusively under subparagraph (b) of this paragraph 4.

  • Network Services Local Access Services In lieu of any other rates and discounts, Customer will pay fixed monthly recurring per-circuit local loop charges ranging from $152 to $1,504 and non-recurring charges ranging from $200 to $1,000 for DS-1 and DS-3 Access Service at 4 CLLI codes mutually agreed upon by the Customer and the Company.

  • Implementation Services Vendor shall provide the Implementation Services, if any, described in Exhibit A. The Services Fees for any Implementation Services shall be described in Exhibit A.

  • COMMERCIAL REUSE OF SERVICES The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to 's sites.