Availability and Good Performance Sample Clauses

Availability and Good Performance. We are aware that good software requires fast response times, trustworthy functionalities and excellent reliability. While why we have taken reasonable technical, non-technical, organisational and juridical measures in order to provide you with a high level of availability and performance, we cannot and do not provide any guarantees with respect to our Services to the maximum extent permitted by law, including without limitation regarding the availability, performance, timeliness, security or error-free character of our Services. We are not responsible for any external factors, such as the proper functioning of the Internet. We do promise that all significant defaults, defects and errors in the operation or the functionality of the Service will be corrected within a reasonable period if they arise. Without limiting the preceding paragraph, Upstream will use commercially reasonable efforts, being no less than accepted industrial standards, to make its Service available to you with a monthly uptime percentage of at least 99.0% during any monthly billing cycle (the “Service Commitment”). The time that our Service is not available qualifies as Downtime. Downtime does not include (i) scheduled downtime (for maintenance and upgrades, which are notified in advance to Administrator Users), (ii) unavailability of the Service due to factors outside our control, (iii) lack of access that is due to your improper use of the Service or due to our lawful termination of your access to the Service, and (iv) unavailability of the Service that results from you or third party services, hardware, software, or network, including but not limited to issues resulting from inadequate bandwidth. In the event we fail to meet our Service Commitment in a given calendar month, you will be eligible to receive Service Credits on future billing cycles. Such Service Credits shall be your sole and exclusive remedy with respect to such failure to meet the Service Commitment. The claim for Service Credits submitted to Upstream must include (i) a detailed description of the incident; (ii) information regarding the duration of the Downtime; and (iii) descriptions of your attempts to resolve the incident at the time of occurrence. We must receive the claim and all required information by the end of the second calendar month following the month in which the incident occurred. We will evaluate all information reasonably available to us and make a good faith judgment in our discretion on whether Ser...
Sample 1
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Availability and Good Performance. We are aware that good software requires fast response times, trustworthy functionalities and excellent reliability. While why we have taken reasonable technical, non-technical, organisational and juridical measures in order to provide you with a high level of availability and performance, we cannot and do not provide any guarantees with respect to our Services to the maximum extent permitted by law, including without limitation regarding the availability, performance, timeliness, security or error-free character of our Services. We are not responsible for any external factors, such as the proper functioning of the Internet. We do promise that all significant defaults, defects and errors in the operation or the functionality of the Service will be corrected within a reasonable period if they arise. Without limiting the preceding paragraph, Upstream will use commercially reasonable efforts, being no less than accepted industrial standards, to make its Service available to you with a monthly uptime percentage of at least 99.0% during any monthly billing cycle (the “Service Commitment”). The time that our Service is not available qualifies as Downtime. Downtime does not include
Sample 1

Related to Availability and Good Performance

  • COMPLIANCE AND PERFORMANCE EVALUATION Two (2) Mandatory Compliance and Performance Evaluation Meetings shall be conducted during each Term of this Agreement. Additional meetings may be scheduled at the discretion of Department to ensure Concessionaire’s effectiveness and compliance. The meetings shall review all aspects of the Concession Operation, ensuring that quality public services are being provided on a continuing basis in accordance with the Bid Specifications and this Agreement, that operational problems/concerns are addressed on a timely basis, and that all terms and conditions are clearly understood. The meetings shall be held on site with Department-designated State Park Service staff representative(s), the on-site concession manager, and a management/supervisory representative of Concessionaire’s firm. A report form shall be utilized to document the meeting, and to identify any deficiencies and the corrective action required. A copy of the completed report form shall be provided to the on- site concession manager or the management/supervisory representative of Concessionaire’s firm and shall be attached to and made a part of this Agreement. The Mandatory Compliance and Performance Evaluation Meetings shall be held as follows: • Meeting #1 - Prior to commencement of the Period of Operation or Memorial Day, whichever comes first. • Meeting #2 - Within ten (10) calendar days after the last approved day of the Period of Operation.

  • Continued Performance The Contractor and Contractor Parties shall continue to Perform their obligations under the Contract while any dispute concerning the Contract is being resolved.

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of:

  • DELIVERY AND PERFORMANCE All work performed under contracts or task orders will be at the highest quality applicable and delivered according to Statement of Objectives (SOO), Statement of Works (SOW), or Performance Work Statements (PWS). The Contractor must deliver and perform according to the requirements of the contract or task order, and may be denied further work for substandard performance. The Government may include deliveries or performance requirements, such as (1) optional clauses, (2) agency clauses, or (3) specific clauses, in a contract or task order.

  • Monitoring of Contract Performance The Contractor shall comply with the monitoring arrangements set out in the Monitoring Schedule including, but not limited to, providing such data and information as the Contractor may be required to produce under the Contract.

  • Payment and Performance Bond Prior to the execution of this Contract, City may require Contractor to post a payment and performance bond (Bond). The Bond shall guarantee Contractor’s faithful performance of this Contract and assure payment to contractors, subcontractors, and to persons furnishing goods and/or services under this Contract.

  • Continuing Performance Each party is required to continue to perform its obligations under this contract pending final resolution of any dispute arising out of or relating to this contract, unless to do so would be impossible or impracticable under the circumstances.

  • F2 Monitoring of Contract Performance F2.1 The Contractor shall immediately inform the Authority if any aspect of the Contract is not being or is unable to be performed, the reasons for non-performance, any corrective action and the date by which that action will be completed.

  • EVALUATING PERFORMANCE 6.1 The Performance Plan (Annexure A) to this Agreement sets out -

  • CONTRACTOR PERFORMANCE Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office.

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