Service Availability & Remedies Sample Clauses

Service Availability & Remedies. 4.1 Licensor will ensure availability of the Games Platform at [***]% per calendar quarter. 4.2 In the event that Licensor fails to meet the service levels (Priority 1 and Priority 2) set out above for [***] consecutive calendar quarters, GGO's sole and exclusive remedy shall be to enter termination discussions without liability on seven (7) days written notice to Licensor, such written notice to be given within a period of no more than thirty (30) days of the end of the third consecutive calendar quarter. 4.3 All systems will be configured with high availability, within the site, and a cold storage copy of the required database will be backed up offsite.
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Service Availability & Remedies. Upon notification by the Customer and verification by Encore that the actual Service Availability is below the committed Service Availability for the Measurement Period, Encore shall apply a credit equal to ten percent (10%) of the monthly service charge. Such credit shall be Customer's sole and exclusive remedy for Encore’s failure to meet the committed Service Availability. Encore reserves the right to determine if an outage is considered a validated outage. Customer payables must be current prior to requesting and/or receiving any credits. Requests for credits may take up to 30 days to research and review; customer is responsible for paying current invoices and will receive a credit after the 30 day review period. Encore is committed to maintaining a maximum response time of (two) 2 hours during normal business hours. Encore will accept trouble calls from Customer 24-hours a day, 7 days a week. Within two (2) hours of opening a trouble ticket during normal business hours, an Encore representative will attempt to contact the Customer and inform the Customer of the Estimated Time to Repair (“ETTR”). If a significant change in the ETTR occurs, Encore will attempt to provide an update to the ETTR to the Customer. Elapsed time is measured from the time a particular trouble ticket is opened by Encore to the time Encore attempts to contact the Customer with a status update of the trouble reported. The “Mean Time to Respond” calculation is as follows: SUM of (Time Representative Attempts to Contact Customer - Time Trouble Reported). The following shall be excluded from any determination of Mean Time to Respond: When response is not met due to Force Majeur scheduled maintenance, the act or failure to act of Customer or any party other than Encore or any action or event beyond Encore's reasonable control When response is not met due to any network or system provided by customer or any third party. Upon notification by the Customer and verification by Encore that the committed Mean Time to Respond is not met for the Measurement Period, Encore shall apply a credit equal to five percent (5%) of the monthly service charge. Such credit shall be Customer's sole and exclusive remedy for Encore's failure to meet the committed Mean Time to Respond. Encore reserves the right to determine if an outage is considered a validated outage. Customer payables must be current prior to receiving any credits. Requests for credits may take up to 30 days to research and review; custome...
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Related to Service Availability & Remedies

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

  • EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.

  • DNS service availability Refers to the ability of the group of listed-­‐as-­‐authoritative name servers of a particular domain name (e.g., a TLD), to answer DNS queries from DNS probes. For the service to be considered available at a particular moment, at least, two of the delegated name servers registered in the DNS must have successful results from “DNS tests” to each of their public-­‐DNS registered “IP addresses” to which the name server resolves. If 51% or more of the DNS testing probes see the service as unavailable during a given time, the DNS service will be considered unavailable.

  • System Availability Although we will try to provide continuous access to the Service, we cannot and do not guarantee that the Service will be available 100% of the time and will not be liable in the event Service is unavailable. Actual service or network performance is dependent on a variety of factors outside of our control. If you notify us within twenty-four (24) hours and we confirm an outage consisting of a period of two (2) hours in any calendar month, and not due to any service, act, or omission of you, a third party, your applications, equipment or facilities, or reasons outside of our control, you shall be eligible for a service credit. A service credit shall be computed as a pro-rated charge for one day of the regular monthly fees for the Service in the next monthly statement. Intermittent service outages for periods of less than two (2) hours are not considered service outages. Outages caused by routine scheduled maintenance are also not considered an outage. You shall receive advance notice no less than forty-eight (48) hours in advance of our scheduled maintenance. Scheduled maintenance will be performed between 12:00 a.m. and 6:00 a.m. CST.

  • 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.

  • Availability of Equitable Remedies Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and in either case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • Performance Default and Remedies Subsection B. DEFAULT AND REMEDIES, second paragraph of the Contract is modified as follows (underlined language is added and stricken language is deleted): “Written notice of default and a reasonable 30-day opportunity to cure must be issued by the party claiming default.”

  • Availability of Services CBT agrees not to discontinue or refuse to provide any service provided or required hereunder other than in accordance with the terms of this Agreement, or unless required by the Commission.

  • Availability of Service We will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in Internet, cellular or other communications availability. We will use diligent efforts to re-establish the Services as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance of that fact. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service.

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