Exclusions from Liability for Failure. Without limiting the operation any exclusions set out in the Service Catalogue (if any) or the XaaS Agreement, Hitachi excludes any and all liability for Failure, to the extent that the Failure is caused by: (i) the operation of any Non- Hitachi Infrastructure by You or Your Personnel; (ii) the failure or non-performance of any of any Non-Hitachi Infrastructure; (iii) non-performance of or any physical loss or damage to the Hitachi Infrastructure after delivery to the Location that is not attributable to the acts or omissions of Hitachi or reasonable wear and tear under proper use, storage and maintenance; (iv) Your failure to provide and maintain a suitable Location environment, including but not limited to, failure of electrical power, air condition and humidity control, environmental contaminants, noise levels above 85dB(A) or unreasonable or excessive vibrations, and as applicable, any failure by You to fulfil Your obligations under these Terms or Master Agreement as they pertain to the Location; (v) any material failure by You to comply with any Dependencies and Assumptions; or (vi) the acts or omissions of a third party public cloud provider. For the avoidance of doubt, the exclusion under this Section will start at the date and time of such Failure to meet the relevant responsibility. You must take all steps and measures available to mitigate and minimize the losses, costs and damages arising from the Failure and You will ensure Your Personnel, End Users and any party acting on Your behalf do the same. Without limiting the operation of terms defined elsewhere in these Terms or in an XaaS Agreement, the following terms have the meaning set out below: Billing Report: the written monthly report issued by Hitachi or the Hitachi Partner (as the case may be), setting out Your consumption of the XaaS Services for the previous month and other matters determined by the service type. Business Day: a day other than a Saturday, Sunday or public holiday at the location where the EverFlex XaaS Services are delivered. Business Hours has the corresponding meaning, based on an 8-hour working day commencing at 9.00 AM, local time.
Exclusions from Liability for Failure. Without limiting the operation of any other terms of the Agreement or any exclusions set out in the Service Catalogue (if any) or the XaaS Agreement, Hitachi excludes any and all liability for Failure, to the extent that the Failure is caused by: (i) the operation of any Non-Hitachi Infrastructure by You or Your Personnel; (ii) the failure or non-performance of any of any Non-Hitachi Infrastructure; (iii) non-performance of or any physical loss or damage to the Hitachi Infrastructure after delivery to the Location that is not attributable to the acts or omissions of Hitachi or reasonable wear and tear under proper use, storage and maintenance; (iv) Your failure to provide and maintain a suitable Location environment, including but not limited to, failure of electrical power, air condition and humidity control, environmental contaminants, noise levels above 85dB(A) or unreasonable or excessive vibrations, and as applicable, any failure by You to fulfil Your obligations under these Terms or Agreement as they pertain to the Location; (v) any material failure by You to comply with any Dependencies and Assumptions; or (vi) the acts or omissions of a third party public cloud provider. For the avoidance of doubt, the exclusion under this Section will start at the date and time of such Failure to meet the relevant responsibility. You must take all steps and measures available to mitigate and minimize the losses, costs and damages arising from the Failure and You will ensure Your Personnel, End Users and any party acting on Your behalf do the same. Without limiting the operation of terms defined elsewhere in the Agreement, these Terms or in an XaaS Agreement, the following terms have the meaning set out below: Business Day: a day other than a Saturday, Sunday or public holiday at the location where the XaaS Services are delivered. Business Hours has the corresponding meaning, based on an 8-hour working day commencing at 9.00 AM, local time.
