Non-Applicability of the Service Level Agreement Sample Clauses

Non-Applicability of the Service Level Agreement. Unless otherwise set forth in the Services Description, the Service Level Agreement does not apply to (i) Services being provided Free of Charge, (ii) Services being provided for mobile applications, (ii) Add-On Services and (iii) Non-Hilti-Services (“Excluded Services”). Service Provider does not warrant for the Excluded Services any availability and does not provide any Support or rectification services for the Excluded Services. Exhibit 2 (Data Processing Agreement) to the Software and Services Subscription Agreement
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Non-Applicability of the Service Level Agreement. Unless otherwise set forth in the Services Description, the Service Level Agreement does not apply to (i) Services being provided Free of Charge, (ii) Services being provided for mobile applications, (iii) Add-On Services and (iv) Non-Hilti-Services (“Excluded Services”). Service Provider does not warrant for the Excluded Services any availability and does not provide any Support or rectification services for the Excluded Services. Exhibit 2 (Data Processing Agreement) to the Software and Services Subscription Agreement The terms being used in this DPA shall have the same meaning as under the Agreement and as further specified herein. This DPA is entered into by and between:

Related to Non-Applicability of the Service Level Agreement

  • Service Level Agreement 6.1 NCR Voyix will use commercially reasonable efforts to make the Service available to you at or above the Availability Rate set forth at xxxxx://xxx.xxx.xxx/support/aloha-sla. If NCR Voyix does not meet the Availability Rate, you are entitled to request a service-level credit subject to the terms of this Agreement. This credit is calculated as a percentage of the monthly recurring bill (or monthly pro rata share of billing, if billing does not occur monthly) for the Service for the month in which the Availability Rate was not met. The Availability Rate is determined by: (a) dividing the total number of valid outage minutes in a calendar month by the total number of minutes in that month; (b) subtracting that quotient from 1.00; (c) multiplying that difference by 100; and (d) rounding that result to two decimal places in accordance with standard rounding conventions. The number of outage minutes per day for a given service is determined by the lesser of the number of outage minutes.

  • Penalties for Non-compliance to Service Level Agreement Where the Supplier/Service Provider fails to deliver the Goods/Services within the agreed and accepted milestone timelines and provided that the cause of the delay was not due to a fault of Transnet, penalties shall be imposed at …………………………………………………… .

  • Service Level Agreements If a Service or a Plan includes a Service Level Agreement (SLA):

  • Applicability of Terms A check or similar mark in a box means that such provision is applicable. The abbreviation 48 “N/A” or the word “Deleted” means not applicable. The abbreviation “MEC” (mutual execution of this contract) means the date upon 49 which both parties have signed this Buyer Listing Contract.

  • DURATION, MODIFICATION AND TERMINATION A. Effective Date The effective date of this agreement is July 22, 2023, provided that RRB reported the proposal to re-establish this matching program to the Congressional committees of jurisdiction and OMB in accordance with 5 U.S.C. § 552a(o)(2)(A) and OMB Circular A-108 (December 23, 2016), and RRB published notice of the matching program in the Fed. Reg. in accordance with 5 U.S.C. § 552a(e)(12).

  • Effect and invariability of the Clauses (a) These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46(2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.

  • Federal Requirements Pertaining to Grants and Subrecipient Agreements A. Requirement to Have a Single Audit: In the case that this Agreement is a Grant that is funded in whole or in part by federal funds, the Subrecipient will complete the Subrecipient Annual Report annually within 45 days after its fiscal year end, informing the State of Vermont whether or not a Single Audit is required for the prior fiscal year. If a Single Audit is required, the Subrecipient will submit a copy of the audit report to the granting Party within 9 months. If a single audit is not required, only the Subrecipient Annual Report isrequired. For fiscal years ending before December 25, 2015, a Single Audit is required if the subrecipient expends $500,000 or more in federal assistance during its fiscal year and must be conducted in accordance with OMB Circular A-133. For fiscal years ending on or after December 25, 2015, a Single Audit is required if the subrecipient expends $750,000 or more in federal assistance during its fiscal year and must be conducted in accordance with 2 CFR Chapter I, Chapter II, Part 200, Subpart F. The Subrecipient Annual Report is required to be submitted within 45 days, whether or not a Single Audit is required.

  • Availability of PHI for Amendment Modernizing Medicine shall provide PHI in EMA to Medical Practice for amendment, and incorporate any such amendments in the PHI (for so long as Modernizing Medicine maintains such information in the Designated Record Set), in accordance with this Addendum and as required by 45 C.F.R. § 164.526. If Modernizing Medicine receives a request for amendment to PHI directly from an Individual, Modernizing Medicine shall forward such request to Medical Practice within ten (10) business days. Medical Practice shall have the sole responsibility for determining whether to approve an amendment to PHI and to make such amendment.

  • Modification to Article IV, Section 7 of the DPA Article IV, Section 7 of the DPA (Advertising Limitations) is amended by deleting the stricken text as follows: Provider is prohibited from using, disclosing, or selling Student Data to (a) inform, influence, or enable Targeted Advertising; or (b) develop a profile of a student, family member/guardian or group, for any purpose other than providing the Service to LEA. This section does not prohibit Provider from using Student Data (i) for adaptive learning or customized student learning (including generating personalized learning recommendations); or (ii) to make product recommendations to teachers or LEA employees; or (iii) to notify account holders about new education product updates, features, or services or from otherwise using Student Data as permitted in this DPA and its accompanying exhibits. [SIGNATURES BELOW]

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