Service Level Exclusions. 6.1 The Service shall not be deemed unavailable in the event of any failure caused by the following:
(i) communication links and network infrastructure of the customer (including Internet connections);
(ii) failure by customer to meet any of its obligations under the Agreement;
(iii) Scheduled Maintenance where no less than two (2) days notice has been given to the Customer; and
(iv) emergency maintenance i.e. unscheduled maintenance necessitated by unforeseen circumstances (including (without limitation) software failure) provided that such Emergency Maintenance continues for a period of less than 2 hours.
Service Level Exclusions. The parties agree that the Service Levels shall not apply if one or more of the following exists:
(a) Suspension of the Service to carry out planned or routine maintenance.
(b) Adverse impact on Up Times or Response Times due to the malfunction of Customer-owned or controlled firewalls, networks, or connectivity.
(c) Adverse impact on Up Times or Response Times due to a Force Majeure event(s)
Service Level Exclusions. In addition to the exclusions as set out under in section 5.1 , Service Levels will not apply where the unavailability of the Services is due to: Failure to meet the Service Levels is not a material breach of the terms governing the Service. The Service Credits are the Customer’s sole and exclusive remedy and BT’s only obligation and liability for failure to achieve any Service Levels. The Customer acknowledges that the amounts payable by BT are fair and reasonable and, so far as it is aware, represent a genuine pre-estimate of any resulting loss or expense to the Customer.
Service Level Exclusions. In no event will Medidata be responsible for failure to meet the foregoing service levels for the following reasons: (i) events of force majeure, as set forth in the Agreement, (ii) Customer’s breach of the Agreement or failure to perform its responsibilities in a timely manner, (iii) willful misconduct of Customer, (iv) causes under the control of Customer, and (v) failure of any third party telecommunications carrier.
Service Level Exclusions. THE SERVICE LEVEL AGREEMENT DOES NOT APPLY TO ANY SERVICE (S) THAT EXPRESSLY EXCLUDE THIS SERVICE LEVEL AGREEMENT AND ANY PERFORMANCE ISSUES (1) CAUSED BY FACTORS OUTSIDE OF AMPLIFIED'S REASONABLE CONTROL, INCLUDING ANY THIRD PARTIES ACTING ON AMPLIFIED'S BEHALF; (2) THAT RESULTED FROM ANY ACTIONS OR INACTIONS OF CUSTOMER OR ANY THIRD PARTIES; OR(3) THAT RESULTED FROM CUSTOMER'S EQUIPMENT AND/OR THIRD PARTY EQUIPMENT (NOT WITHIN THE PRIMARY CONTROL OF AMPLIFIED). THIS SERVICE LEVEL AGREEMENT STATES CUSTOMER'SSOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY AMPLIFIED TO PROVIDE SERVICE(S). EXHIBIT F SOURCE CODE ESCROW FEES CNP Beneficiary Description Total Fees Fees ----------- ----- ---- ----------- First Year $***** $***** $***** Renewal Years $*****/year $*****/year $*****/year Each Additional Beneficiary $*****/each $***** $***** Unlimited deposit updates/replacements + one additional storage unit $*****/year $*****/year $*****/year Custom Agreements See Note 1 *****% *****% Release filing fee See Note 2 *****% *****% Notes:
1. A $***** annual customization fee will be added when contract changes increase DSI's risk or modify our release, termination or update processes.
2. Direct expenses in excess of $***** will be chargeable. Any discounts granted by DSI Technology Escrow Services shall be applied equally between CNP and Customer. [*] Confidential information has been omitted and separately filed with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. CNP, INC. 0000 Xxxxxxxxx Xxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Agreement Number: _______ Date: __________ Customer Name: ARTISTdirect, Inc. Address: 0000 Xxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxx, Xxxxx, Xxx: Xxx Xxxxxxx, Xxxxxxxxxx 00000 THIS PROFESSIONAL SERVICES AGREEMENT ("PROFESSIONAL SERVICES AGREEMENT") is between CNP, INC. ("CNP") and the undersigned CUSTOMER whereby CNP will provide professional services to be performed in accordance with the Master Agreement and the terms and provisions below.
Service Level Exclusions. THE SERVICE LEVEL PROVISIONS SET FORTH HEREIN DO NOT APPLY TO ANY PERFORMANCE ISSUES (A) CAUSED BY FACTORS OUTSIDE OF RICHRELEVANCE’S REASONABLE CONTROL; (B) THAT RESULTED FROM ANY ACTIONS OR INACTIONS OF PARTNER OR ANY THIRD PARTIES; OR (C) THAT RESULTED FROM PARTNER’S EQUIPMENT AND/OR THIRD PARTY EQUIPMENT. THE SERVICE CREDITS PROVIDED HEREIN STATE PARTNER’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY RICHRELEVANCE TO MEET THE STANDARDS SET FORTH IN THIS SUPPORT ADDENDUM.
Service Level Exclusions. THE SERVICE LEVEL AGREEMENT DOES NOT APPLY TO ANY SERVICE(S) THAT EXPRESSLY EXCLUDE THIS SERVICE LEVEL AGREEMENT (AS STATED IN THE SPECIFICATION SHEETS FOR SUCH SERVICES) AND ANY PERFORMANCE ISSUES (1) CAUSED BY FACTORS OUTSIDE OF C&W'S REASONABLE CONTROL; (II) THAT RESULTED FROM ANY ACTIONS OR INACTIONS OF CUSTOMER OR ANY THIRD PARTIES; OR (III) THAT RESULTED FROM CUSTOMER'S EQUIPMENT AND/OR THIRD PARTY EQUIPMENT (NOT WITHIN THE PRIMARY CONTROL OF C&W). THIS SERVICE LEVEL AGREEMENT STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY C&W TO PROVIDE SERVICE(S).
Service Level Exclusions. The target response times shall not apply if a Force Majeure event occurs, in cases of Customer user error or in cases of the Customer seeking guidance.
Service Level Exclusions. (a) The Missing Link is not responsible for identifying or remediating Faults where:
(i) there is a fault with Your server hardware or software, or Data Carriage Service and related systems;
(ii) Your server hardware or software, or Data Carriage Service and related systems are inadequate, incompatible, or below minimum requirements.
(b) The Missing Link’s SLA’s do not apply where the Service Availability is affected by:
(i) a fault with Your product or service that is caused by You;
(ii) the cutting of cable or fibre which is needed to provide the Service;
(iii) interference or damage to our equipment or network by You or by a third party;
(iv) any other cause beyond our reasonable control (including, but not limited to, acts of God, industrial disputes of any kind, lightning, fire, earthquake, storm, flood, government restriction, determination of the Australian Competition and Consumer Commission, determination of any court of law or any such similar event);
(v) during, or with respect to preview, pre-release, beta or trial versions of a Microsoft Azure service, feature or software (as determined by Microsoft or The Missing Link) or to purchases made using Microsoft subscription credits.
Service Level Exclusions. (i) Notwithstanding any other provision of the RPA or this Addendum (a) SunGard will have no liability for performance problems, failure to achieve Service Levels, Service Level Credits (as defined in this Service Level Addendum) or similar issues, to the extent such liability was caused
by a Limiting Event, and (b) SunGard’s liability for breaches of the Service Level Addendum, and Customer’s exclusive remedy for such breaches, shall be limited to the Service Level Credits and termination rights stated herein. The service levels and service level credits do not apply to any system service(s) that have not been expressly included in this Addendum.
