Availability and Performance Sample Clauses

Availability and Performance. Uptime for SEVOCITY® shall be seven (7) days a week, twenty-four (24) hours a day (“Scheduled Uptime”), provided that upon notice to the Licensee at least seventy-two (72) hours in advance, CMI may provide for scheduled downtime for maintenance (“Scheduled Downtime”). CMI warrants to Licensee for the term of the Agreement that SEVOCITY® shall be available for use by Licensee as set forth in the Agreement in substantially its full core functionality for a minimum of 99.5% of the Scheduled Uptime on a monthly basis, excluding Scheduled Downtime (“Performance Criteria”). If the breach of warranty or failure results in Uptime being less than the specified Performance Criteria for two (2) consecutive months or for four (4) months in any consecutive twelve (12) month period, then Licensee’s sole remedy is as follows:
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Availability and Performance. The Bank will use reasonable efforts to make the Site and the EBanking Services generally available 24 hours a day, 7 days a week, except during maintenance periods or circumstances beyond the Bank’s reasonable control. Likewise, the Bank will use reasonable efforts to effect any transaction(s) on the day requested by the Customer. However, the Bank will not be bound to do so, and shall not be liable for any failure to do so.
Availability and Performance. The Consortium and the Service Provider shall respectively ensure that their authorised representatives or a competent deputy are available at all times when the Services are being provided.
Availability and Performance. The Company provides the Program "as-is", without any warranties or guarantees of availability, performance, or quality of service. Participants acknowledge and accept that the availability of computational resources and the execution of jobs may be subject to variability and delays and are aware of the essential functionalities and features of the Services.
Availability and Performance a. RapidRatings system is available twenty-four (24) hours seven (7) days a week except for planned and communicated outages to Customer. Except for these outages, the RapidRatings system will operate with at least 98.5% availability, measured as an average over a quarterly period. An availability incident occurs when multiple parties are prevented from accessing the technology platform. RapidRatings will promptly (in no more than 3 business days) provide a summary report of historical availability upon request. Availability is defined as: Availability = (Total Scheduled Availability-Downtime)/(Total Scheduled Availability)
Availability and Performance. Uptime for SEVOCITY® shall be seven (7) days a week, twenty-four (24) hours a day (“Scheduled Uptime”), provided that upon notice to the Licensee at least seventy-two (72) hours in advance, CMI may provide for scheduled downtime for maintenance (“S cheduled Downtime”). CMI warrants to Licensee for the term of the Agreement that SEVOCITY® shall be available for use by Licensee as set forth in the Agreement in substantially its full core functionality for a minimum of 99.5% of the Scheduled Uptime on a monthly basis, excluding Scheduled Downtime (“Performance Criteria”). If the breach of SEVOCITY® Services Agreement/7040.28 (March 2021) warranty or failure results in Uptime being less than the specified Performance Criteria for two (2) consecutive months or for four (4) months in any consecutive twelve (12) month period, then Licensee’s sole remedy is as follows:
Availability and Performance. REGION 7 ESC will use reasonable efforts to make the DMAC Software available 24 hours per day, 7 days per week, except for planned maintenance periods. REGION 7 ESC reserves the right to perform maintenance of the DMAC Software as needed. REGION 7 ESC will use reasonable efforts to limit any unavailability of the DMAC Software due to maintenance to non-business hours and to give at least 24 hours notice of any such known unavailability.
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Related to Availability and Performance

  • Payment and Performance Bonds The Contractor shall comply with the following minimum bonding requirements:

  • 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:

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