Software Availability. All software will be made available to the Buyer in both a hard coded (firmware EPROM, etc.) and a soft coded copy (diskette, tape, etc.) as deemed necessary by the Buyer for the particular application.
Software Availability. The hosted elements of the Services will be available for remote access 99.5% of the time each calendar month of the Term, excluding Excused Outages (as defined below) (“Availability”). Company will attempt to schedule any planned maintenance or upgrades at times when usage of the Services is typically low, and will attempt to communicate any outages associated with planned maintenance or upgrades to its customers in advance via email or through notifications within the Services. Downtime as a result of any causes beyond the control of Company or that are not reasonably foreseeable by Company, including, without limitation, any of the causes noted below, are excluded from the Availability calculations (collectively, “Excused Outages”):
a. Customer environment issues affecting connectivity or interfering with the Services, including without limitation, Customer’s telecommunications connection or any other Customer software or equipment, Customer’s firewall software, hardware or security settings, Customer’s configuration of anti-virus software or anti-spyware or malware software, or operator error of Customer;
b. Any third-party software, hardware, or telecommunication failures, including Internet slow- downs or failures;
i. Force majeure events including, without limitation fire, flood, earthquake, elements of nature or acts of God; third party labor disruptions, acts of war, terrorism, riots, civil disorders, rebellions or revolutions; quarantines, embargoes and other similar governmental action; catastrophic or unusual internet delays, denial of services attacks, or other hacking activities; or any other similar cause beyond the reasonable control of Company;
ii. Issues related to third party domain name system (DNS) errors or failures; and
iii. Emergency maintenance of the Services, for which Customer may not receive advanced notice. In the event Company fails to achieve the Availability requirement, Company will use commercially reasonable efforts to correct the interruption as promptly as practicable.
Software Availability. CCTA shall not interfere with INTREORG’s administration of the Online Backup Account, and shall not interfere with the availability of the electronic documents stored thereon.
Software Availability. Subject to Performance Exclusions as defined in Section 3.5(b) of this Agreement, Consultant shall assure that Consultant Software is available to City to perform Critical Business Functions* ninety-nine percent of the time during operating business hours, pursuant to the following formula:
Software Availability. Business Hours: 7 a.m. – 5:30 p.m., Monday - Thursday.
Software Availability. Where Software Availability falls below ninety-nine percent (99%) in a given month (e.g., 10,237.5 minutes on average) during operating business hours, a minimum credit of $250 will be provided to City. For each increment of time amounting to over 630 minutes (one day = 60 minutes X 10.5 hours) of unavailable time (e.g., 10,231.65 – 630 = 9,601.65 for second increment), an additional credit of $250 will be provided to the City. It is understood by Parties that $250 is roughly equivalent to the daily value of this Agreement’s price, based on annual maintenance fees and business work days. For example:
Software Availability. The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third-party connections or utilities or other reasons beyond AuditBoard’s control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and AuditBoard’s entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, AuditBoard will credit Customer 1/365 of the Annual Fee for the relevant product(s) set forth in the applicable Order; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with notice to AuditBoard) recognizes that downtime is taking place, and continues until the availability of the Service is restored. In order to receive downtime credit, Customer must notify AuditBoard in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of fees for the applicable product(s) in any one (1) calendar month in any event. AuditBoard’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of AuditBoard to provide adequate service levels under this Agreement.
Software Availability. We agree to use commercially reasonable efforts to make the Software available 24 hours a day, 7 days a week, except for:
14.3.1 planned downtime or maintenance (which we shall try to keep to a minimum and give at least 8 hours electronic notice, and which we shall schedule to the extent practicable during Saturday and Sunday British Standard Time), and
14.3.2 any unavailability caused by circumstances beyond our reasonable control, including, for example, a Force Majeure Event, Internet service provider (or other third-party application or service) failure or delay, or denial of service attack.
Software Availability. Supplier shall provide Customer a Service Availability of 99,5% per 12 Months Period and Supplier shall regularly update the software made available to Customer.
Software Availability. 4.1 We will make commercially reasonable efforts to ensure the Software (excluding any Third Party Applications) is Available each calendar month 24 hours a day 7 days a week for at least 99.9% of the time. Availability is measured based on the monthly average of Availability, rounded down to the nearest minute (“Availability Average”).
4.2 Availability Average for each calendar month is calculated as follows:
4.3 Av ailability Average
