Downtime Exclusions Sample Clauses

Downtime Exclusions. Downtime shall not include any time during which the Reservation Function is not Available due to: (i) up to four (4) hours of Scheduled Downtime per calendar month (ii) acts or omissions of any party other than Pegasus or Pegasus’ vendors and agents; (iii) hardware, software, networks, equipment or interfaces other than those provided or managed by Pegasus or Pegasus’ vendors and agents; (iv) third-party service providers other than Pegasus’ vendors and agents; (v) any other equipment, applications or components not directly managed or controlled by Pegasus or Pegasus’ vendors and agents; or (vi) one or more of the causes listed in Section 8.2 of the Master Services Agreement.
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Downtime Exclusions. Downtime does not include any unavailability that results from and are not considered Downtime for calculating Monthly Uptime Percentage and applicable Service Credits: a. Any Maintenance Windows; b. Suspension or termination of the Hosted Service in accordance with the terms of the Agreement; c. Implementation of critical / emergency security patches in accordance with a relevant risk/vulnerability assessment of which Entrust will use commercially reasonable efforts to priorly inform Customer; d. Factors outside of Entrust’s reasonable control, including any Force Majeure event and Internet accessibility problems beyond Entrust’s environment; power or network outage, addressing immediate cyber threats such as DDoS attacks; e. Customer’s or any third party’s network, software, equipment or other technology or service; f. Acts or omissions of Customer or third parties involved in delivery of the Hosted Service that are outside of Entrust’s sole control and which result in the unavailability of the Hosted Service; g. Negligence of willful misconduct of Customer or third parties involved in delivery of the Hosted Service that are outside of Entrust’s reasonable control; and h. Any failure that cannot be corrected because Customer is inaccessible or has not responded in a reasonable time after having been contacted by Entrust.
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Downtime Exclusions. For clarity, the following shall not be considered Downtime and shall not be included in the calculation of Availability: a) Scheduled Downtime as defined in Section 3.4 (Scheduled Downtime) below; b) Unavailability of the Software caused by an act or omission of Lottery or any third party acting on Lottery’s behalf (including but not limited to, Third Party Providers other than SBTech Third Party Providers and Lottery’s agents, subcontractors, vendors or affiliates);
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Downtime Exclusions. The following are considered “Downtime Exclusions” and shall not be calculated as Downtime for the purposes of measuring availability as discussed in Sections 5.6 (Availability Measurement) and 5.7 (Availability Percentage) below. a. Performance Degradation (see Section 5.4 above) b. Scheduled Maintenance, c. Scheduled Downtime, d. Emergency Maintenance, e. Unavailability as a result of Customer’s development and use of nonstandard operational reports, f. Unavailability as a result of configuration error or data entry error by Customer users or its agents, g. Unavailability, outage, or problem of any third-party infrastructure, service, device, or software that is not provided by or under the direct control of PowerSchool (examples include but not limited to on-campus networks, end-user devices, internet providers (ISP), PowerSchool’s third-party hosting provider and third-party software applications PowerSchool MSA, February 2022 version 5 or plugins, etc.), h. Unavailability as a result of failure of the Customer’s or User’s network infrastructure, i. Unavailability as a result of failure of the Customer’s or User’s connection to the internet, j. Unavailability as a result of a Force Majeure Event--i.e., any cause beyond such party’s reasonable control, including but not limited to acts of God or of public enemy, acts of terrorism, war, United States or foreign governmental acts or restrictions in either a sovereign or contractual capacity, labor strikes, labor disputes or other industrial disturbances, fire, power outages, road icing or inclement conditions, flood, earthquakes, or tsunamis, systemic electrical, telecommunications, or other utility failures, storms or other elements of nature, blockages, embargoes, riots, public health emergencies (including pandemics and epidemics), acts or orders of government, acts of terrorism, or war.
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Downtime Exclusions. The unavailability of Host services due to the following will not be considered to be downtime (and credits will not be issued) ("Excusable Downtime"): a. The Client's applications and content, and errors from the Client's own custom scripting or coding; b. The Client's configuration(s) outside of the Host infrastructure that affects Host services; c. The Client's acts or omissions; d. Force majeure; e. Services provided by a third party outside of the Host's control; f. Maintenance during the Normal Maintenance Window or emergency maintenance; g. Downtime to install services Client requests; h. Internet traffic exchange points external to Host, including without limitation Network Access Points ("NAPs") and Metropolitan Area Exchanges ("XXXx"), and Internet networks controlled by others; i. Or Suspension of services (for example, if the Client doesn't pay the Host). j. Large scale attacks against WordPress websites including but not limited to DDoS, and brute force attacks
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Downtime Exclusions. The unavailability of Host services due to the following will not be considered to be downtime (and credits will not be issued) ("Excusable Downtime"): a. The Client's applications and content, and errors from the Client's own custom scripting or coding; b. The Client's configuration(s) outside of the Host infrastructure that affects Host services; c. The Client's acts or omissions; d. Force majeure; e. Services provided by a third party outside of the Host's control; f. Maintenance during the Normal Maintenance Window or emergency maintenance (as described in section 7); g. Downtime to install services Client requests; h. Internet traffic exchange points external to Host, including without limitation Network Access Points ("NAPs") and Metropolitan Area Exchanges ("XXXx"), and Internet networks controlled by others; i. Or Suspension of services (for example, if the Client doesn't pay the Host). j. Large scale attacks against WordPress websites including but not limited to DDoS, and brute force attacks
Sample 1
Downtime Exclusions. The calculation of uptime will not include unavailability to the extent due to: (a) use of the Service by Customer explicitly stated not authorized in this Agreement or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of Roaring's reasonable control; (c) Customer's equipment, software, network connections or other infrastructure; (d) third party data suppliers, acts or omissions; or
Sample 1
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Downtime Exclusions. The unavailability of Host services due to the following will not be considered to be downtime (and credits will not be issued) ("Excusable Downtime"): (a) The User's applications and content, and errors from the User's own custom scripting or coding; (b) The User's configuration(s) outside of the Host infrastructure that affects Host services; (c) The User's acts or omissions; (d) Force majeure; (e) Services provided by a third party outside of the Host's control; (f) Maintenance during the Normal Maintenance Window or emergency maintenance (as described in section 7); (g) Downtime to install services User requests; (h) Internet traffic exchange points external to Host, including without limitation Network Access Points ("NAPs") and Metropolitan Area Exchanges ("XXXx"), and Internet networks controlled by others; or (i) Suspension of services (for example, if the User doesn't pay the Host).
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Related to Downtime Exclusions

  • Service Exclusions All of an Employee's years of Service with the Employer shall be counted to determine the vested interest of such Employee except:

  • Specific Exclusions Apart from the exclusions common to all covers, the following are also excluded. We do not intervene for: EMERGENCY SUITCASE DOMESTIC HELP DELIVERY OF HOUSEHOLD SHOPPING PSYCHOLOGICAL SUPPORT UPON YOUR RETURN HOME To allow us to intervene under the best conditions, remember to prepare the following information that will be requested when you call: When you call initially, you will be given an assistance file number. State it systematically during any subsequent contacts with our Assistance Service. - the policy came with the purchase of goods or a service sold by a supplier; - you can show that you are already covered for one of the risks covered by this new policy; - the policy you wish to cancel has not been fully established; - you have not declared any loss covered by this policy. In this situation, you can exercise your right to cancel this policy by letter or in any lasting medium sent to the insurer of the new policy, together with documentary proof that you already have cover for one of the risks covered by this new policy. The insurer must reimburse you the premium paid within thirty days of your cancellation. If you wish to cancel your policy but do not meet all the above conditions, please check the cancellation procedure stipulated in your policy.

  • GENERAL EXCLUSIONS We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area.

  • Additional Exclusions A Receiving Party will not violate its confidentiality obligations if it discloses the Disclosing Party’s Confidential Information if required by applicable laws, including by court subpoena or similar instrument so long as the Receiving Party provides the Disclosing Party with written notice of the required disclosure so as to allow the Disclosing Party to contest or seek to limit the disclosure or obtain a protective order. If no protective order or other remedy is obtained, the Receiving Party will furnish only that portion of the Confidential Information that is legally required, and agrees to exercise reasonable efforts to ensure that confidential treatment will be accorded to the Confidential Information so disclosed.

  • Specific Exclusion Stanford does not: (A) grant to ***** any other licenses, implied or otherwise, to any patents or other rights of Stanford other than those rights granted under Licensed Patent, regardless of whether the patents or other rights are dominant or subordinate to any Licensed Patent, or are required to exploit any Licensed Patent or Technology; (B) commit to ***** to bring suit against third parties for infringement, except as described in Section 14; and (C) agree to furnish to ***** any technology or technological information other than the Technology or to provide ***** with any assistance.

  • Force Majeure Exclusions 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure: a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project; x. Xxxxx in the performance of any contractor, sub-contractor or their agents; c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment; d. Strikes at the facilities of the Affected Party; e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and f. Non-performance caused by, or connected with, the Affected Party’s: i. Negligent or intentional acts, errors or omissions; ii. Failure to comply with an Indian Law; or iii. Breach of, or default under this Agreement.

  • Warranty Exclusions The Limited Warranty in clauses 1.2 and 1.3 does not apply: a) if the Product was not purchased and installed in Australia; b) if You do not grant BYD or BYD Partner access to the performance data of the Product over the Internet upon request after reporting the warranty claim and/or manipulate such data; c) to wear and tear in the appearance of the Product (including but not limited to any scratches, stains, mechanical wear, rust or mould) which does not impair its function; d) to any damage to property or personal injury arising from any defect if the state of scientific and technical knowledge at the time when the Product is sold to Original Buyer was not such as to enable the defect to be discovered; e) if the invoice for the Product and the information listed in clause 4 below is not provided with the warranty claim; or f) if the serial number on the Product can no longer be identified or has been modified.

  • Related Exclusions This agreement does NOT cover custodial care, respite care, day care, or care in a facility that is not approved by us. See

  • Exclusions The Warrant Agent shall have no responsibility with respect to the validity of this Agreement or with respect to the validity or execution of any Warrant (except its countersignature thereof). The Warrant Agent shall not be responsible for any breach by the Company of any covenant or condition contained in this Agreement or in any Warrant. The Warrant Agent shall not be responsible to make any adjustments required under the provisions of Section 4 hereof or responsible for the manner, method, or amount of any such adjustment or the ascertaining of the existence of facts that would require any such adjustment; nor shall it by any act hereunder be deemed to make any representation or warranty as to the authorization or reservation of any shares of Common Stock to be issued pursuant to this Agreement or any Warrant or as to whether any shares of Common Stock shall, when issued, be valid and fully paid and non-assessable.

  • Tolerances The maximum tolerances within concrete work shall be constructed are as follows:-

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