Exceptions to Uptime Sample Clauses

Exceptions to Uptime. The following (each, an “Exception”) shall each suspend TeamDynamix’s Uptime guarantee while in effect and shall not be considered a breach of TeamDynamix’s Uptime guarantee: i. scheduled maintenance, scheduled upgrades, and emergency patches, so long as such scheduled maintenance, scheduled upgrades, and emergency patches occur outside of business hours and with notice to Client; ii. a failure or malfunction resulting from scripts, data, applications, equipment, or services provided and/or performed by Client; iii. outages initiated by TeamDynamix or its third party providers at the request or direction of Client for maintenance, back up, or other purposes; iv. outages occurring as a result of any actions or omissions taken by TeamDynamix or its third party providers at the request or direction of Client; v. outages resulting in failure, interruption or other problem with any software, hardware, system network, facility, or other item not supplied by TeamDynamix; vi. events resulting from an interruption or shut down of the services due to circumstances reasonably believed by TeamDynamix to be a significant threat to the normal operation of the Service, the facility from which the Service is provided, or access to or integrity of Client data (e.g., a hacker or a virus attack); vii. outages due to system administration, commands, file transfers performed by Client representatives; viii. other activities Client directs, denial of service attacks, and internet connectivity failures; ix. Force Majeure Events; x. Client’s negligence or breach of its material obligations under the Agreement; and xi. a lack of availability or untimely response time of Client to respond to incidents that require its participation for source identification and/or resolution. Exhibit C – Professional Services
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Related to Exceptions to Uptime

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