Exceptions to Availability Clause Samples
The "Exceptions to Availability" clause defines specific circumstances under which a party is not required to provide a product, service, or resource that would otherwise be available under the agreement. This clause typically outlines scenarios such as scheduled maintenance, force majeure events, or compliance with legal requirements, where normal availability may be interrupted or suspended. By clearly identifying these exceptions, the clause helps manage expectations and limits liability for unplanned or unavoidable disruptions, ensuring both parties understand when non-availability is permissible.
Exceptions to Availability. The OnBoard end user interfaces may not be available for use under the following circumstances: (i) Normal Maintenance and Urgent Maintenance as described in Sections 1(c) and 1(d) below; (ii) the negligent or willful acts or omissions of You, or any Users, including, but not limited to third parties and customers; (iii) the failure or malfunction of equipment, applications or systems not controlled by Passageways; (iv) any third party or public network or systems unavailability (v) circumstances or causes beyond the control of Passageways, including instances of Force Majeure; or (vi) breach of the Agreement by You.
Exceptions to Availability. The Products may not be available for use under the following circumstances, and in such cases, such periods of unavailability shall not be counted against Comcast for purposes of calculating Availability (“Permitted Downtime”):
Exceptions to Availability. The OnBoard end user interfaces may not be available for use under the following circumstances: (i) Normal Maintenance and Urgent Maintenance as described in Sections 1.3. and 1.4. below; (ii) the negligent or willful acts or omissions of Customer, its employees, contractors or agents, or its Users, including, but not limited to third parties and customers; (iii) the failure or malfunction of equipment, applications or systems not controlled by OnBoard Africa; (iv) any third party or public network or systems unavailability (v) circumstances or causes beyond the control of OnBoard Africa, including instances of Force Majeure; or (vi) breach of the Agreement by Customer.
Exceptions to Availability. With approval of the supervisor one 4- week rotation per calendar year may be missed by the per diem employee and not affect availability.
Exceptions to Availability. Company will use commercially reasonable efforts to: (i) schedule downtime for routine maintenance of the SaaS between the hours of 7:00 p.m. and 12:00am a.m.,PST Time; (ii) give Customer at least 24 hours prior notice of such downtime; and (iii) schedule such downtime to occur no more than once every three weeks and for no longer than 5 hours each week ("Scheduled Downtime"). No period of SaaS degradation or inoperability will be included in calculating Availability to the extent it is caused by any of the following (“Exceptions”): (a) Scheduled Downtime; (b) act or omission by Customer or any Authorized User or access to or use of the SaaS by Customer or any Authorized User, or using Customer's or an Authorized User's access credentials, that does not comply with the Agreement and the Documentation; (c) Customer Failure; (d) Customer's or its Authorized User's internet connectivity; (e) Force Majeure Event; (f) failure, interruption, outage, or other problem with any software, hardware, system, network, facility or other item not provided by Company pursuant to this Agreement; (g) disabling, suspension or termination of the SaaS pursuant to Section 2.3 (Late Payments) of the Agreement; or (h) emergency maintenance, when a critical system update must be applied quickly to avoid significant downtime (including, without limitation, hardware patches that address server vulnerabilities or a critical software update).