Portal Availability Sample Clauses

Portal Availability. (i) “Portal Availability” will be measured as a percentage of available minutes of Client Branded Portal functionality during each month where the Client Branded Portal is continuously operable, available and responsive to end users without significant delay or malfunction. Specific targets established by this Agreement for Portal Availability are: • Portal Availability of [*]; and • average page response times (latency) no greater than [*] (as measured by Synacor’s internal metrics). Under the terms of this agreement, downtime counted against Portal Availability will EXCLUDE the following items:
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Portal Availability. Group will use its best efforts to provide 24 hour daily availability of the Portal. However, Group makes no representation or warranty that 24 hour service will be available and User agrees that Group does not bear any liability, and User shall not incur any damages, as a result of the Portal being unavailable. User agrees and acknowledges that the Portal will, at times, be unavailable due to regularly scheduled maintenance, service upgrades or other mechanical or electronic failures.
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Portal Availability. 3.1 "Portal Availability" means that the Client-Branded Portal (inclusive of Synacor provided Portal Content that is hosted by Synacor) is fully functional with [*] average uptime in any calendar month. As an example, Content Synacor includes on the Portal from STATS and Grab Networks is not currently hosted by Synacor and therefore not covered by the Portal Availability metrics, but Content from AP and Events Media is hosted by Synacor. For these purposes, "Fully Functional" means that the applicable Service is continuously operable, available, and responsive to Client's Users without delay or malfunction, [*].
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Portal Availability. The following shall define the Service Level Agreement (SLA) commitment for the State Service Portal's availability: Performance Standard: State Service Portal available 99.7% of the time for the entire calendar month.* Penalty: Failure to meet the above availability requirement will result in a penalty payment of 1% of the total monthly costs for all effected services purchased under this contract. Failure to meet the above availability requirement for a second consecutive month will result in a penalty payment of 2% of the total monthly costs for all effected services purchased under this contract. Failure to meet the above availability requirement for a "n" consecutive month will result in a penalty payment of n% of the total monthly costs for all effected services purchased under this contract.
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Portal Availability. Love’s will use commercially reasonable efforts to provide 24 hour daily availability of the Portal. However, Love’s makes no representation or warranty that 24 hour service will be available. Customer acknowledges and agrees the Portal will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures which may cause delays in responses. User Access Customer will be granted one “Super Administrator” account and may choose to add additional users to the account. Customer is responsible for adding and terminating users to its account through the Portal. Users will be able to view the account and make payments. Customer is responsible for their own pricing and payment for purchases placed on the Customer’s national account. Customer agrees to notify Love’s immediately when an account or user id is to be terminated, either through the Portal or by contacting Love’s directly. Love’s will make every effort to terminate access immediately. However, Customer cannot be assured that access has been terminated until Love’s provides confirmation notice of the termination.
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Portal Availability 
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Related to Portal Availability

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • Undrawn Availability After giving effect to the initial Advances hereunder, Borrowers shall have Undrawn Availability of at least $10,000,000;

  • Closing Availability After giving effect to all Borrowings to be made on the Effective Date and the issuance of any Letters of Credit on the Effective Date and payment of all fees and expenses due hereunder, and with all of the Loan Parties’ Indebtedness, the Borrowers’ Availability shall not be less than $500,000.

  • Availability Reserves All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

  • Excess Availability Borrowers shall have Excess Availability at all times of at least (i) as of any date of determination during the period from June 24, 2016 through and including July 7, 2016, $10,000,000, (ii) as of any date of determination during the period from July 8, 2016 through and including September 29, 2016, $17,500,000, and (iii) as of any date of during the period from September 30, 2016 through and including December 31, 2016, $20,000,000.

  • Minimum Excess Availability Borrower shall have Excess Availability under the Revolving Credit Loans facility of not less than the amount specified in the Schedule, after giving effect to the initial advance hereunder and after giving effect to any applicable Loan Reserves against borrowing availability under the Revolving Credit Loans.

  • Availability of Earnings Statements The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

  • Maximum Consolidated Capital Expenditures Holdings shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year, in an aggregate amount for Holdings and its Subsidiaries in excess of $125,000,000; provided, such amount for any Fiscal Year shall be increased by an amount equal to the excess, if any (but in no event more than $62,500,000), of such amount for the immediately preceding Fiscal Year (with the above scheduled amount for any Fiscal Year being used prior to any amount carried over from the preceding Fiscal Year) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year; provided, further, so long as no Default shall have occurred and being continuing or would result therefrom, Holdings and its Subsidiaries may also make Consolidated Capital Expenditures in an amount not to exceed the Cumulative Growth Amount immediately prior to the making of such Consolidated Capital Expenditures (but the amount of Consolidated Capital Expenditures made from the Cumulative Growth Amount in any Fiscal Year shall not exceed 50% of the above scheduled amount of Consolidated Capital Expenditures that would have otherwise been permitted to made in such Fiscal Year pursuant to this Section 6.7(c)); and provided, further that for each Permitted Acquisition consummated in any Fiscal Year and, if consummated, the SDI Acquisition in the Fiscal Year ending December 31, 2011, the maximum amounts set forth above for such Fiscal Year and for every Fiscal Year thereafter shall be increased by an amount equal to 110% of the quotient obtained by dividing (A) the amount of Consolidated Capital Expenditures made by the acquired Person or business for the thirty-six month period immediately preceding the consummation of such Permitted Acquisition or SDI Acquisition as determined by the financial statements for such acquired Person or business by (B) three (3).

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