Catastrophic Failure. Licensor has stopped publishing or providing access to the Licensed Materials for a period longer than ninety (90) days due to technical difficulties or any business interruption, bankruptcy, insolvency, receivership or business failure.
Catastrophic Failure. Licensor has stopped publishing or providing access to the Ucensed Materials for a period longer than ninety (90) days due to technical difficulties or any business interruption, bankruptcy, insolvency, receivership or business failure. THE REMAINDER OF THIS PAGE IS LEtf INTENTIONALLY BLANK [Text deleted] 9th July 2019 [Text deleted] [Text deleted] [Text deleted] [Text deleted] [Text deleted]
Catastrophic Failure. Licensor has stopped publishing or providing online access to the Publication(s) for a period longer than ninety (90) days due to technical difficulties or any business interruption, bankruptcy, insolvency, receivership or business failure. Review Copy Portico will give written notice to Licensor of the trigger event and of its intent to commence Delivery of Archival Versions at least thirty (30) days prior to commencing Delivery. Portico will not commence Delivery or will cease Delivery as promptly as reasonably practicable if it receives reasonable assurances from Licensor, its successor, or the assignee of the Publication that the trigger event has not occurred or is no longer continuing and that Licensor, or a successor, or a transferee of the Publication that has agreed in writing to assume this Agreement, or a licensee of the Publication that has agreed to be subject to the License set forth in this Agreement, is publishing or providing access to the Publication. The parties agree that the protections afforded to licensees by Section 365(n) or any other section of the U.S. Bankruptcy Code shall apply to the License hereunder. As described in this Section above, the names of the Qualified Institutions eligible to receive Archival Versions on the occurrence of a trigger event will have been provided to Portico by Publisher in a list upon execution of this Agreement and annually during the month of January thereafter , and in all cases within thirty (30) days of the trigger event. When Portico is permitted to Deliver an Archival Version as described above under “Trigger Events” or in a rider to this Agreement providing for Portico to offer perpetual access on behalf of Licensor, copies of Archival Versions may be printed by the applicable Authorized User(s) only for educational, research or non-commercial use by Authorized User(s) in accordance with the standard terms and conditions applicable to use of the Portico service, as amended from time to time at Portico’s sole discretion. Nothing in this Agreement is intended to permit the distribution of copies of any Publication by Portico or by any Qualified Institution to anyone other than Authorized User(s). Nothing in this Agreement is intended to restrict Licensor from creating and distributing Publication(s) in any way. Portico, at its sole expense, shall provide Licensor with access to aggregated or otherwise anonymous data on usage of the Archival Versions and of its service generally.
Catastrophic Failure. HP reserves the right to implement a corrective action with Supplier in the event failure rates or specific failure occurrences indicate a potential Catastrophic Failure but have not yet met AFR or Epidemic Failure percentages. HP agrees to use reasonable efforts to mitigate the cost of the correction action.
Catastrophic Failure. In the event of multiple catastrophic system failures, Digital River shall find a working solution or switch to a backup server in a maximum of four hours. In the event of such a catastrophic system failure, Digital River will notify Symantec of the unscheduled downtime and the status of the event via a telephone conversation. Digital River will escalate the issue within Symantec until live human contact is made.
Catastrophic Failure. Vendor agrees to reimburse Cingular for [***] when the failure rate(excluding no-fault-found returns) exceeds [***] per year. The failure rate shall be computed every quarter, using 3 months rolling average method based upon actual date of failure. The reimbursement will start when the three months rolling average exceeds [***] over two consecutive quarters and it will continue until such time that the failure rate falls bellow [***] over any three month period. Cingular agrees that [***].
Catastrophic Failure. Licensor has stopped publishing or providing online access to the Publication for a period longer than ninety (90) days due to technical difficulties or any business interruption, bankruptcy, insolvency, receivership or business failure, or if it is known by Licensor in advance that a forthcoming disruption of service will last for a period longer than ninety (90) days. Portico will give written notice to Licensor of the trigger event and of its intent to commence Delivery of Archival Versions at least thirty (30) days prior to commencing Delivery. If Licensor responds, Xxxxxxx will work with Licensor to mutually agree upon the timeframe for the commencement of Delivery. Portico will not commence Delivery or will cease Delivery as promptly as reasonably practicable if it receives reasonable assurances from Licensor, its successor, or the assignee of the Publication that the trigger event has not occurred or is no longer continuing and that Licensor, or a successor, or a transferee of the Publication is publishing or providing access to the Publication. For purposes of clarity, the parties confirm that the perpetual license in paragraph 2 of Section 9 below shall continue to apply in this case. The parties agree that the protections afforded to licensees by Section 365(n) or any other section of the U.S. Bankruptcy Code shall apply to the License hereunder.
Catastrophic Failure. Licensor has stopped publishing or providing access to the Licensed Materials for a period longer than ninety (90) days due to technical difficulties or any business interruption, bankruptcy, insolvency, receivership or business failure. [...] Appendix B Shibboleth access is available for all institutions based in Germany. Usage statistics have to be provided compliant with the release 4 or newer of the COUNTER Code of Practice. Outbound linking: The publisher enables outbound OpenURL links for all records and references. These include all relevant bibliographic Metadata, a source identifier and the character encoding in use.> Inbound Linking Syntax:
Catastrophic Failure. [...***...] ***Confidential Treatment Requested HP CONFIDENTIAL FOR DOT HILL ONLY [...***...].
Catastrophic Failure. If a party fails to meet the DMOQs ----- -------------------- relating to Network Availability or Grade of Service with respect to a Designated Market or HDT Site, as applicable, for two consecutive Contract Quarters, the other party may give written notice within 15 days after such second Contract Quarter of its intention to terminate this Agreement with respect to such Designated Market (in the case of the Network Availability DMOQ) or HDT Site (in the case of the Grade of Service DMOQ) if such DMOQ is not met for the third consecutive Contract Quarter (a "Catastrophic Failure"). Upon the -------------------- occurrence of a Catastrophic Failure by a party, the other party may, but shall not be obligated to, terminate this Agreement with respect to the applicable Designated Market or HDT Site upon 90 days' advance written notice, given any time during the Contract Quarter following the Catastrophic Failure.
