Exceptions to Unavailability Sample Clauses
Exceptions to Unavailability. Casual employees who are unavailable in the following circumstances, and who call in to the designated employee representative at the times designated, will not have the decline or unavailability count as an occurrence for purposes of unavailability or declining.
(a) Absence on a WCB claim;
(b) Maternity leave, parental leave or adoption leave;
(c) Absence on bereavement leave;
(d) Leave to participate in activities of a Reserve Component of the Canadian Armed Forces;
(e) Illness; proof of illness may be required;
(f) Illness of, or inability to obtain child care for a dependent child of a casual employee, where no one other than the employee can care for the child. Proof of illness or inability to obtain child care may be required if a pattern of consistent absence is developing. Such leave will not exceed two days;
(g) Union leave;
(h) Jury duty;
(i) Medical or dental appointments;
(j) An offer of work which is less than four hours duration - where this applies in relation to programs listed in Article 14.2 (b)
(k) An offer of work which would constitute a short changeover per Article 15.3
Exceptions to Unavailability. In addition to Scheduled Downtime, any period in which Client is unable to use the Application due to the conduct of Client or any circumstances outside of the control of Planview or its third party providers, including but not limited to the following, shall not be considered times when the Application is Unavailable:
(i) A failure or malfunction resulting from scripts, data, applications, equipment, or services provided and/or performed by Client.
(ii) Outages initiated by Planview or its third party providers at the request or direction of Client for maintenance, back up, or other purposes.
(iii) Outages occurring as a result of any actions or omissions taken by Planview or its third party providers at the request or direction of Client.
(iv) Outages resulting from Client’s equipment and/or third party equipment not within the sole control of Planview.
(v) Events resulting from an interruption or shut down of the Application due to circumstances reasonably believed by Planview to be a significant threat to the normal operation of the Application, the facility from which the Application is provided, or access to or integrity of Client data (e.g., a hacker or a virus attack).
(vi) Outages due to system administration, commands, file transfers performed by Client representatives.
(vii) Other activities Client directs, denial of service attacks, natural disasters, changes resulting from government, political, or other regulatory actions or court orders, strikes or labor disputes, acts of civil disobedience, acts of war, and other force majeure items.
(viii) Client’s negligence or breach of its material obligations under this Agreement.
(ix) Lack of availability or untimely response time of Client to respond to incidents that require its participation for source identification and/or resolution.