Systems Performance. The Software and related systems owned, developed or used by Company perform in accordance with the written specifications previously delivered to ABR. The Software and related system components are capable of interconnecting and/or interfacing with each other, and they deliver the functionality needed to meet the information systems requirements of the BCSI Business as they are presently conducted. No Shareholder will cause any unplanned interruption of the operations of, or accessibility to, the Software or related systems (or any system component) through any device, method or means including, without limitation, the use of any "virus," "lockup," "time bomb" or "key lock" device or program, or disabling code, which has the potential or capability of causing any unplanned interruption of the operations of, or accessibility of, the Software or related systems (or any system component) to ABR, or any user authorized by ABR, or which could alter, destroy or inhibit the use of the Software or related systems (or any system component), or the data contained therein (collectively, "Disabling Devices"), which could block access to or prevent the use of the Software or any system (or system component) by ABR or any authorized user. No Shareholder has placed, nor is any Shareholder aware of, any Disabling Device on any Software or system component owned or used by Company.
Systems Performance. None of the computer software, computer hardware (whether general or special purpose), telecommunications capabilities (including all voice, data and video networks) and other similar or related items of automated, computerized, and/or software systems and any other networks or systems and related services that are used or relied on by the Company (collectively, the “Systems”) have experienced bugs, failures, breakdowns or continued substandard performance in the past 12 months that has caused any substantial disruption or interruption in or to the use of any such Systems by the Company.
Systems Performance. 27 SECTION 3.32 Year 2000 Compliance........................... 27 ARTICLE 4
Systems Performance. During the term of the subscription, UpToDate online content will be updated by UpToDate, Inc. During this time, UpToDate online may be down for up to 2 hours, and users Accessing the Licensed Materials at this time will see a notice that UpToDate online is being updated. Reseller may, in its sole discretion, provide more frequent updates and enhancements, if applicable, as and when they are released. Nothing in this Agreement obligates Reseller to furnish more frequent updates or to create enhancements. For online access from a desktop (or laptop) computer, UpToDate online is validated for use with the current versions of the following browsers and the technical specifications UpToDate supports. For a current list of those technical specifications please see: xxxx://xxx.xxxxxxxx.xxx/help/manual/sysreq. UpToDate online is hosted by a Tier 1 service provider so the site will be operational at least 99.5% of the time. However, technical failures, routine maintenance, and transient Internet conditions may render the site temporarily unavailable. Neither Reseller nor WKCDI shall be liable, or considered in default, under this Agreement for delays or failures of performance caused by circumstances beyond the party’s reasonable control, provided each party immediately provides notice to the other and does everything reasonably possible to resume its performance.
Systems Performance. (a) To the Company's knowledge, Section 3.31 of the Disclosure Letter is a true, complete and correct list of all Systems.
(b) The Systems used by the Company and each of its Subsidiaries are adequate for the conduct of their business as presently conducted and as proposed to be conducted and there are no requirements for Systems integration, upgrade or replacement, except as otherwise disclosed, and there are no inadequacies that could reasonably be expected to have an adverse effect on the future business operations of the Surviving Corporation. To the Company's knowledge, the Systems perform in accordance with the written specifications therefor. The Systems' components are capable of interconnecting or interfacing with each other, and they deliver the functionality needed to satisfy the information system requirements of the business of the Company and each Subsidiary as it is presently conducted.
Systems Performance. To the best of Company's and Shareholder's knowledge, the Software and related systems owned or used by Company perform in accordance with the written specifications previously delivered to Buyer and the Software and related system components are capable of interconnecting and/or interfacing with each other, and they deliver the functionality needed to meet the information systems requirements of the Company Business as they are presently conducted. Shareholder will not cause any unplanned interruption of the operations of, or accessibility to, the Software or related systems (or any system component) through any device, method or means including, without limitation, the use of any "virus," "lockup," "time bomb" or "key lock" device or program, or disabling code, which has the potential or capability of causing any unplanned interruption of the operations of, or accessibility of, the Software or related systems (or any system component) to Buyer, or any user authorized by Buyer, or which could alter, destroy or inhibit the use of the Software or related systems (or any system component), or the data contained therein (collectively, "Disabling Devices"), which could block access to or prevent the use of the Software or any system (or system component) by Buyer or any authorized user. Shareholder has not placed, nor is Shareholder aware of, any Disabling Device on any Software or system component owned or used by Company. There is no new version, update or release of any Software currently being developed.
Systems Performance. The Software and related systems owned or used by the Company perform in accordance with the written specifications thereof. The Software and related system components are capable of interconnecting or interfacing with each other, and they deliver the functionality needed to satisfy the information system requirements of the business of the Company as it is presently conducted. Neither Seller is aware of any device, method, or means that will cause the interruption of the operations of, or accessibility to, the Software or related systems, including without limitation any "virus," "lockup," "time bomb," or "key lock" device or program or disabling code, which has the potential or capability of causing any unplanned interruption of the operations of, or accessibility of, the Software or related systems owned or used by the Company.
Systems Performance. To the Company's knowledge, the Systems used by -------------------- Company and each of its Subsidiaries are adequate for the conduct of their business as presently conducted and as proposed to be conducted and there are no requirements for Systems integration, upgrade or replacement, except as otherwise disclosed, and there are no inadequacies that could reasonably be expected to have an adverse effect on the future business operations of VIALOG Merger Subsidiary. To the Company's knowledge, the Systems perform in accordance with the written specifications therefor. The Systems' components are capable of interconnecting or interfacing with each other, and they deliver the functionality needed to satisfy the information system requirements of the business of the Company and each Subsidiary as it is presently conducted.
Systems Performance. To the knowledge of the Shareholders, the Software and related system components are capable of interconnecting and/or interfacing with each other, and they deliver the functionality needed to meet the information systems requirements of the BMC Business as they are presently conducted. No Shareholder will cause any unplanned interruption of the operations of, or accessibility to, the Software or related systems (or any system component) through any device, method or means including, without limitation, the use of any "virus," "lockup," "time bomb" or "key lock" device or program, or disabling code, which has the potential or capability of causing any unplanned interruption of the operations of, or accessibility of, the Software or related systems (or any system component) to Buyer, or any user authorized by Buyer, or which could alter, destroy or inhibit the use of the Software or related systems (or any system component), or the data contained therein (collectively, "Disabling Devices"), which could block access to or prevent the use of the Software or any system (or system component) by Buyer or any authorized user. No Shareholder has placed, nor is any Shareholder aware of, any Disabling Device on any Software or system component owned or used by Company. To the knowledge of the Principal Shareholder, there is no new version, update or release of any Software currently being developed, other than standard updates the release of which will not render the existing version obsolete.
Systems Performance. The Software and related systems owned or used by Company or its Subsidiaries perform adequately to deliver the functionality needed to meet the information systems requirements of the Chowxxxx Xxxiness as they are presently conducted. No Shareholder has caused or will cause any unplanned interruption of the operations of, or accessibility to, the Software or related systems (or any system component) through any device, method or means including, without limitation, the use of any "virus," "lockup," "time bomb" or "key lock" device or program, or disabling code, which has the potential or capability of causing any unplanned interruption of the operations of, or accessibility of, the Software or related systems (or any system component) to Buyer, or any user authorized by Buyer, or which could alter, destroy or inhibit the use of the Software or related systems (or any system component), or the data contained therein (collectively, "Disabling Devices"), which could block access to or prevent the use of the Software or any system (or system component) by Buyer or any authorized user. No Shareholder has placed, nor is any Shareholder aware of, any Disabling Device on any Software or system component owned or used by Company or its Subsidiaries. Except as set forth in Schedule 3.25, there is no new version, update or release of any Software currently being developed.
