Common use of RESPONSIBILITIES OF THE PUBLISHER Clause in Contracts

RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher agrees: 5.1.1 to make the Licensed Material available to the Licensee and Authorised Users from the Server via the Internet from the date of this Agreement; 5.1.2 to use all reasonable endeavours to make the Licensed Material available to the Licensee and Authorised Users at all times and on a twenty-four hour basis, save for routine maintenance, and to restore access to the Licensed Material as soon as possible in the event of an interruption or suspension of the service; 5.1.3 to use all reasonable endeavours to ensure that the relevant server or servers have adequate capacity and bandwidth to support the usage of the Licensee at a level commensurate with the standards of availability for information services of similar scope operating via the World Wide Web, as such standards evolve from time to time over the term of this Agreement; 5.1.4 to provide or to make arrangements for a third party to provide an archive of the Licensed Material for the purposes of long term preservation of the Licensed Material, and to permit Authorised Users to access such archive after termination of this licence 5.2 The Publisher reserves the right at any time to withdraw from the Licensed Material any item or part of an item for which it no longer retains the right to publish or any item or part of an item for which the Publisher has reasonable grounds to believe it infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. The Publisher shall give written notice to the Licensee of such withdrawal. If the withdrawn material represents more than ten per cent (10%) of the Licensed Material, the Publisher shall make a pro rata refund of part of the Fee to the Licensee, taking into account the amount of material withdrawn.

RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher agrees: 5.1.1 to make the Licensed Material available to the Licensee and Authorised Users from the Server via the Internet from the date commencement of this Agreementthe Subscription Period; 5.1.2 to use all reasonable endeavours to make the Licensed Material available to the Licensee and Authorised Users at all times and on a twenty-four hour basis, save for routine maintenance, and to restore access to the Licensed Material as soon as possible in the event of an interruption or suspension of the service; 5.1.3 to use all reasonable endeavours to ensure that the relevant server or servers have adequate capacity and bandwidth to support the usage of the Licensee at a level commensurate with the standards of availability for information services of similar scope operating via the World Wide Web, as such standards evolve from time to time over the term of this Agreement; 5.1.4 to provide or to make arrangements for a third party to provide an archive of the Licensed Material for the purposes of long term preservation of the Licensed Material, and to permit Authorised Users to access such archive after termination of this licence 5.2 The Publisher reserves the right at any time to withdraw from the Licensed Material any item or part of an item for which it no longer retains the right to publish or any item or part of an item for which the Publisher has reasonable grounds to believe it infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. The Publisher shall give written notice to the Licensee of such withdrawal. If the withdrawn material represents more than ten per cent (10%) of the Licensed Material, Material the Publisher shall make a pro rata refund of part of the Fee to the Licensee, taking into account the amount of material withdrawnwithdrawn and the remaining unexpired portion of the Subscription Period.

RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher agrees: 5.1.1 to make the Licensed Material available to the Licensee and Authorised Users from the Server via the Internet from the date commencement of this Agreementthe Subscription Period; 5.1.2 to use all reasonable endeavours to make the Licensed Material available to the Licensee and Authorised Users at all times and on a twenty-four hour basis, save for routine maintenance, and to restore access to the Licensed Material as soon as possible in the event of an interruption or suspension of the service; 5.1.3 to use all reasonable endeavours to ensure that the relevant server or servers have adequate capacity and bandwidth to support the usage of the Licensee at a level commensurate with the standards of availability for information services of similar scope operating via the World Wide Web, as such standards evolve from time to time over the term of this Agreement; 5.1.4 to provide or to make arrangements for a third party to provide an archive of the Licensed Material for the purposes of long term preservation of the Licensed Material, and to permit Authorised Users to access such archive after termination of this licence; and 5.1.5 use all best efforts to comply with the Code of Practice of Project Transfer relating to the transfer of titles between publishers xxxx://xxx.xxxx.xxx/transfer; 5.2 The Publisher reserves the right at any time to withdraw from the Licensed Material any item or part of an item for which it no longer retains the right to publish or any item or part of an item for which the Publisher has reasonable grounds to believe it infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. The Publisher shall give written notice to the Licensee of such withdrawal. If the withdrawn material represents more than ten per cent (10%) of the Licensed Material, Material the Publisher shall make a pro rata refund of part of the Fee to the Licensee, taking into account the amount of material withdrawnwithdrawn and the remaining unexpired portion of the Subscription Period.