The "Interruption of Services" clause outlines the conditions and responsibilities associated with temporary or permanent disruptions in the provision of services outlined in a contract. It typically includes information on notification requirements, potential remedies, and liability limitations for the parties involved when service interruptions occur.
No such interruption of services or benefits shall be deemed to constitute a breach of any kind whatsoever and the Providing Party shall have no liability to the Receiving Party for any such interruption of services or benefits.
In case of occasional short interruption of services due to maintenance activities the telecom department or website maintenance by Party A or the reduced speed of access to Party B’s advertisements or temporary interruption of advertising services due to occasional traffic jam online, which Party B hereby recognizes as normal, neither party shall be liable to the other party.
To avoid any interruption of services, the Board of Trustees (“Board”) of the Trust approved an interim sub-advisory agreement for the Fund among the Trust, FTA and SSI LLC which has been in effect since the closing of the Transaction and will remain in effect, in general terms, (a) for 150 days following the closing of the Transaction, (b) until shareholders approve the New Agreement (defined below), or (c) unless sooner terminated as provided by the terms of the interim sub-advisory agreement, whichever occurs first. In light of the Transaction, the Board also approved a new investment sub-advisory agreement (the “New Agreement”) for the Fund among the Trust, FTA and SSI LLC. The New Agreement has been submitted to shareholders of the Fund for approval and will take effect upon such shareholder approval. There can be no assurance that the necessary percentage of the shareholders of the Fund will vote to approve the New Agreement.
If this Contract cannot be fulfilled as agreed on due to the force majeure (including without limitation the war, disturbance, natural disaster, levy, confiscation, change of laws, regulations and policies, industrial issues or all parties suffering losses or failing to continue cooperation due to related mandatory provisions, requirements or measures (including without limitation power supply departments stopping supplying power or limiting power consumption, etc.) of the government, power supply competent departments, failure of 220KV transformer substations and higher-level substations, interruption of services by network operators, and other significant events or emergencies), both parties will bear no responsibility.
You agree to waive, and agree not to make, any claims for damages, direct or consequential, including with respect to lost business or profits, arising out of any failure to furnish any service, any error or omission with respect there to, or any delay or interruption of services.
Interruption of Services: 1. Suspension of Services. Seller may suspend, revoke or limit Buyer’s use of a Service if Seller determines that Buyer has breached any of its material obligations under this TSA or any TSA Document or that Buyer’s actions or failures to act have caused or will cause, in Seller’s reasonable judgment, a security breach or violation of any Law; provided that such breach or such actions or failures to act that have caused or will cause a breach are not successfully remedied within sixty (60) days from notice of such breach or violation. If the cause of the suspension, revocation, or limitation can reasonably be remedied, Seller will provide notice of the actions Buyer must take to reinstate the Service. If Buyer fails to take such actions within sixty (60) days, Seller may terminate the Service. 2. Scheduled Maintenance. Scheduled maintenance for applicable Services will be agreed upon and set forth in the applicable SDA. In the event of emergency maintenance or other unplanned disruption that impacts the Services, Seller will notify Buyer as soon as reasonably practicable. Seller may suspend Services for any scheduled maintenance set forth in the applicable SDA or emergency maintenance. 3. Interruption. In the event of any interruption of Service allowed under Sections 1 or 2, Seller’s obligations for the affected Service, and Buyer’s obligation to pay for the affected Service, are postponed for the time the performance is suspended or delayed due to such interruption.
Interruption of Services. The Landlord shall not be liable for any loss, damage or inconvenience arising out of any absence or failure of the services referred to in clause 5.3, unless due to the wilful neglect or default of the Landlord.
With the sole exception of the remedy described above, you expressly waive any claim for damages, direct or consequential, special or punitive, arising out of any failure to furnish any service or any delay or interruption of services.
Depository Bank shall not be liable under this Agreement for interruption of services under this Agreement or losses or delays resulting from force majeure or failure or malfunction of computer, electronic, communication or other services.
Interruption of Services refers to the temporary or permanent suspension of specific services, often as a result of unforeseen circumstances, contractual obligations, or regulatory requirements. Such interruptions can occur in various sectors, including telecommunications, utilities, and digital services, and may affect both consumers and businesses.
When should I use Interruption of Services?
An Interruption of Services clause should be included in contracts or agreements when parties need to clearly define the circumstances under which services can be disrupted, and how such interruptions will be managed. This is crucial when service continuity is critical to business operations or customer satisfaction. Situations where these clauses are essential include:
Planned Maintenance: Outlining scheduled downtimes for upgrades or repairs.
Force Majeure Events: Covering natural disasters or unforeseen events that may halt services.
Breach of Contract: Detailing service suspensions due to a failure to meet contractual obligations.
How do I write an Interruption of Services Clause?
When drafting an Interruption of Services clause, it is important to be clear and comprehensive. Below are some tips to consider:
Define the Scope: Specify which services may be interrupted and under what conditions.
Notification Procedures: Include how and when notifications of service interruptions will be communicated to the affected parties.
Duration and Remedies: State the expected duration of the interruption and any remedies or compensations available.
Exclusions and Limitations: Clarify any limitations or situations not covered by the interruption clause.
Example Clause
Interruption of Services: The Provider may interrupt the Services for necessary maintenance or upgrades, or in response to any unforeseen events that require immediate attention. The Provider will endeavor to provide at least 48 hours’ notice prior to any planned service interruption. In the event of unscheduled interruption due to force majeure, the Provider shall notify the Customer as soon as practical. Such interruptions shall not constitute a breach of this Agreement provided they are resolved within a reasonable timeframe.
Which contracts typically contain Interruption of Services?
Contracts that commonly include Interruption of Services clauses are typically those where uninterrupted service delivery is vital, such as:
Service Level Agreements (SLAs): Between service providers and clients, where performance and uptime are key factors.
Utility Contracts: Between utility providers (e.g., electricity, water) and customers.
Telecommunications Contracts: Covering phone and internet services.
Software as a Service (SaaS) Agreements: Where application availability is guaranteed over the cloud.
Lease Agreements: For critical infrastructure or equipment that could impact business continuity.
Including a well-defined Interruption of Services clause in these contracts helps manage expectations and liabilities between the involved parties.
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