Transit Delay Sample Clauses

Transit Delay. The TD is represented as the actual time for a 56 byte message, called a sample ping, to travel round trip between two specific routers in the network under normal prime time conditions. Using the sample ping referred to in Section 6.2.2, we will measure the TD on a periodic basis, but no less than every 10 minutes. The ping sampling interval is subject to change over time but in no event shall exceed 30 minutes. We will average all the samples in a given month to determine the overall average TD, and will report that to you. If we fail to meet the monthly TD objectives, you will notify us in writing. If we continue to fail to meet the TD objectives for two months, then we shall provide you a credit of $25,000.00 for each month thereafter until such time as the measured TD meets the objectives. Except for your right of termination provided for in Section 6.7.1, this is your sole remedy for our failure to meet the TD objectives. In an instance where the monthly forecast for 20% of the sites is invalid, then the TD objective shall not be applicable for that period.
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Transit Delay. FRS shall provide a network transit delay of eighty (80) milliseconds one-way for all of Customer’s installed Domestic FRS PVCs (“Transit Delay Requirement”) based on the following conditions. The Transit Delay Requirement is applicable only between two (2) continental U.S. based AT&T POPs. The transit delay time will be measured from the time when the last bit of the frame referenced in the next paragraph is admitted through the ingress Port at one end of the PVC to when the first bit of the same frame emerges from the egress Port at the opposite end of the PVC. The Transit Delay Requirement includes cross-switch processing delays at each frame relay switch, queuing and transmission delays at each trunk between the switches, and propagation delays. The Transit Delay Requirement excludes delays attributed to Customer Premises Equipment, insertion delays at the access circuits, and access and egress propagation delays. The frame size to be used in the transit delay time test must be less than or equal to two hundred (200) octets long, including protocol overhead. Ports over which the transit delay time is calculated must be otherwise inactive (i.e., when the particular PVC whose delay is in question does not carry any traffic other than the test frame and when other PVCs sharing the same Port are inactive). AT&T will measure transit delay utilizing the StrataCom StratView Plus network management system “Transit Delay” function. This function is similar to a “ping” test in that it sends a series of test packets between the two (2) Ports being tested and measures the one-way delay for that transmission. AT&T shall test (with Customer’s cooperation and consent) Transit Delay on a given PVC when AT&T becomes aware or is notified by Customer of a potential problem. Customer may conduct its own test in accordance with the requirements of this paragraph (or using a “ping” test) to verify AT&T’s test results. AT&T and Customer shall cooperate in sharing applicable test data necessary for the determination of test results. If tests show that the Transit Delay Requirement above is not met, Customer shall be entitled to a credit equal to one (1) month’s discounted Monthly Charge for the affected PVC. This Non-Disclosure Agreement (hereinafter, the “Agreement’) is made and entered into as of the day of ,. by and between (“Disclosing Party’) and (‘Recipient’). The Agreement describes the rights and obligations of each party hereto with respect to certain information to ...
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Transit Delay. 25 6.3 Our Other Responsibilities.............................. 25 6.4 Your Other Responsibilities............................. 26 6.5 Charges................................................. 27 6.5.1 Monthly Usage Charges (SDGS) Objective......... 27 6.5.2 Other Monthly Charges.......................... 28 6.5.3
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Transit Delay. Our Other Responsibilities..................................................
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Transit Delay. The domestic transit delay will be established by measuring the time taken to send an IP packet and receive an acknowledgment to that IP packet sent from the Central Point to an access router in a Big Pond Direct Point of Presence. The transit delay will be measured for each access router in the domestic Big Pond Direct Access Service Network. The minimum transit delay for each access router in each Month will be noted (the "Monthly Minimum"). Telstra will use best efforts to ensure that the time taken in any Month for an IP packet to travel between the Central Point and the Big Pond Direct access router to which the Customer is attached at the Big Pond Direct Point of Presence is no greater than twice the Monthly Minimum for that access router.
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Transit Delay. 7.1 It shall be the responsibility of the carrier to ensure that the transportation of the products as in schedule is done within a reasonable and justified time which would be as minimum as possible depending on the distance and route involved. 7.2 The approved transporter shall ensure availability of vehicles for loading within reasonable time but not beyond 24 hours of the telephonic / written message for vehicle. Failure to it, Jaipur Dairy shall be at liberty to make arrangements from open market at carrier’s risk and costs. 7.3 The decision regarding transit delay penalties will be conveyed by the Jaipur Dairy. In the event of any dispute of any transit delay the verdict of the Managing Director, Jaipur Dairy shall be final and binding. Further, in case of transit delay, penalties charged on account of the inconvenience for the dislocation of the carrier, the same shall not be called to any question of law. 7.4 The goods delivery can be made at different plants of RCDF or outsourced plants.
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Transit Delay. Neither party hereto will be liable for the failure or tender or timely transport freight under this AGREEMENT if such failure, delay or other omission is caused by strikes, acts of God, war, accidents, civil disorder, or through compliance with legally constituted order of civil or military authorities.
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Related to Transit Delay

  • Payment Delay Notwithstanding any other terms of this Agreement, no payments will be made to CONTRACTOR until COUNTY is satisfied that work of such value has been rendered pursuant to this Agreement. However, COUNTY will not unreasonably withhold payment and, if a dispute exists, the withheld payment shall be proportional only to the item in dispute.

  • Excusable Delay The parties shall not be obligated to perform and shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.

  • Force Majeure, Notice of Delay, and No Damages for Delay The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees, subcontractors, or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Department in writing of the delay or potential delay and describe the cause of the delay either (i) within ten (10) calendar days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result; or (ii) if a delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING WILL CONSTITUTE THE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO ANY DELAY except if such delay is caused by the fraud, bad faith, or active interference of the Department. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy, and a rebuttable presumption of prejudice will exist based on Contractor’s untimely notice. The Contractor shall not assert any claim for damages related to such delay. The Contractor will not be entitled to an increase in the Term Contract price or payment of any kind from the Department for direct, indirect, consequential, impact, or other costs, expenses, or damages, including costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this subsection, the Department may unilaterally (and with no recourse on the part of the Contractor) identify and use an alternate source to complete any work under the Term Contract as the Department deems necessary, in its sole discretion. After the causes have ceased to exist, the Contractor shall perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the Department or State, in which case the Department may (i) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to the Department with respect to Products subjected to allocation; or (ii) terminate the Term Contract in whole or in part.

  • Excusable Delays Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.

  • Six-Month Delay Notwithstanding anything to the contrary in this Agreement, no compensation or benefits, including without limitation any severance payments or benefits payable under this Section 4, shall be paid to the Executive during the six-month period following the Executive’s Separation from Service if the Company determines that paying such amounts at the time or times indicated in this Agreement would be a prohibited distribution under Section 409A(a)(2)(B)(i) of the Code. If the payment of any such amounts is delayed as a result of the previous sentence, then on the first day of the seventh month following the date of Separation from Service (or such earlier date upon which such amount can be paid under Section 409A without resulting in a prohibited distribution, including as a result of the Executive’s death), the Company shall pay the Executive a lump-sum amount equal to the cumulative amount that would have otherwise been payable to the Executive during such period.