Summer Period Availability and Winter Period Availability Clause Samples

Summer Period Availability and Winter Period Availability. (a) The Service Provider shall procure that the Facility is available during the Year to deliver the Summer Period Availability and Winter Period Availability. (b) The Service Provider shall monitor the Service Availability in respect of the Facility throughout the Year. No later than one Month after the end of each Summer Period and each Winter Period, the Service Provider shall demonstrate the total Service Availability (in hours) for the Summer Period or Winter Period (as the case may be) in respect of the Facility, providing supporting evidence (in a form satisfactory to the Customer, acting reasonably). (c) Where the total Service Availability (in hours) for the Summer Period in the Year is: (i) less than 100% of the Summer Period Availability (save where such unavailability is due to an event of Force Majeure, duly and properly notified under Clause 12.2), the Service Provider shall pay to the Customer 10% of the base Service Fee (prior to any deductions for unavailability) attributable to that Summer Period; and (ii) less than 80% of the Summer Period Availability (save where such unavailability is due to an event of Force Majeure, duly and properly notified under Clause 12.2), the Service Provider shall refund to the Customer 100% of the Service Fee paid or payable in respect of that Summer Period. (d) Where the total Service Availability (in hours) for the Winter Period in the Year is: (i) less than 100% of the Winter Period Availability (save where such unavailability is due to an event of Force Majeure, duly and properly notified under Clause 12.2), the Service Provider shall pay to the Customer 10% of the base Service Fee (prior to any deductions for unavailability) attributable to that Winter Period; and (ii) less than 80% of the Winter Period Availability (save where such unavailability is due to an event of Force Majeure, duly and properly notified under Clause 12.2), the Service Provider shall refund to the Customer 100% of the Service Fee paid or payable in respect of that Winter Period. (e) Any payments calculated in accordance with this Clause 7.2 and payable to the Customer shall be credited against sums due under the next invoice produced by the Service Provider in accordance with Clause 9.5. Where no further invoice is to be produced pursuant to Clause 9.5, the Customer shall be entitled to raise an invoice pursuant to Clause 9.6.
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Related to Summer Period Availability and Winter Period Availability

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • High Availability Registry Operator will conduct its operations using network and geographically diverse, redundant servers (including network-­‐level redundancy, end-­‐node level redundancy and the implementation of a load balancing scheme where applicable) to ensure continued operation in the case of technical failure (widespread or local), or an extraordinary occurrence or circumstance beyond the control of the Registry Operator. Registry Operator’s emergency operations department shall be available at all times to respond to extraordinary occurrences.

  • FUNDING AVAILABILITY This Contract is contingent upon the continued availability of funding. If funds become unavailable through the lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidation, or any other disruptions of current appropriations, DFPS will reduce or terminate this Contract.

  • Excess Availability Borrowers shall maintain Excess Availability at ------------------- all times of at least $4,500,000.