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:
(a) if failure to meet the Performance Criteria is caused solely by events within CMI’s commercially reasonable control, CMI shall credit the Licensee against the Monthly Service Fee due for that month at the rate of ten percent (10%) of such Monthly Service Fee for the affected month for every five percent (5%) of Scheduled Uptime by which the availability of the core functionality of SEVOCITY® in that month falls below ninety-five percent (95%) of Scheduled Uptime;
(b) if failure to meet the Performance Criteria is caused in predominant part by events within CMI’s commercially reasonable control and in part by acts or omissions of third parties, failure of third party systems or equipment or other events beyond CMI’s commercially reasonable control, CMI shall credit the Licensee against the Monthly Service Fee due for that month at the rate of ten percent (10%) of its Monthly Service Fee amount for the affected month for every eight percent (8%) of Scheduled Uptime by which the availability of the substantial functionality of SEVOCITY® in that month falls below ninety-five percent (95%) of Scheduled Uptime; and
(c) if failure to meet the Performance Criteria is caused in predominant part by events outside CMI’s commercially reasonable control or is caused in any degree by the fault, negligence or breach of Licensee, there shall be no credit to Licensee and no remedy or liability of CMI. Notwithstanding the foregoing, credits to Licensee shall not exceed fifty percent (50%) of the Monthly Service Fee prorated for the period of breach of warranty or failure.
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. 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.
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:
b. Scheduled system maintenance that involves loss of access to the technology platform will usually be performed on Saturday or Sunday between the hours of 4:00 a.m. and 6:00 a.m. (EST). RapidRatings will provide Customer with at least ten business days’ prior written notice of any scheduled maintenance that involves loss of access to the technology platform. RapidRatings will provide Customer with as much as reasonably possible, with a goal of at least sixty minutes’ advance written notice, for unscheduled emergency maintenance of the Subscription Services.
c. The RapidRatings Subscription Services, as a web-based application, are subject to the internet network connection and internet service providers and as such cannot guarantee request turnaround times. In normal operational circumstances, RapidRatings expects any given webpage to load in <10 seconds.
d. RapidRatings will: (A) monitor the Subscription Services and supporting infrastructure controlled or maintained by RapidRatings for Errors; (B) identify root causes for any Errors; (C) correct Errors; and (D) minimize recurrences of Errors. Following the occurrence of any Error, upon Customer’s request, RapidRatings will promptly (in no more than 3 business days) provide to Customer the RapidRatings’ plan for remediating the Error. An “Error” means any bug, defect, or error impacting the availability of the Subscription Services.
e. If RapidRatings fails to meet the availability levels in any two quarters in a rolling twelve-month period during an Order Term, Customer may terminate the Agreement or the applicable Order upon thirty (30) days written notice to RapidRatings.
