Systems Uptime. AOL shall endeavor to provide Systems Uptime of 100% (the “Systems Service Level”).
Systems Uptime. (a) Contractor undertakes that, with the exception of planned outages taking place in accordance with this section 1.2 of Schedule 3 and situations within Clauses 2.1.3, 4.9 and/or 19 of the Agreement; the systems run using the software detailed in Part A Schedule 4 (“Contractor Software”) and the Contractor Software, shall achieve uptime over a period of one month of no less than * .
(b) Planned outages in respect of Contractor Software during Operations Centre working hours (defined in Schedule 2) shall not exceed * hours per month. Contractor will work to ensure, wherever possible, that no one such planned outage shall exceed * hours. Contractor shall give a minimum of * Business Days’, advance notice to Client in respect of such planned outages during Operations Centre working hours. Contractor shall be free to carry out maintenance outside of Operations Centre working hours without prejudice to the Service Levels.
(c) Except where otherwise agreed in advance with the Client Designated Employee, Contractor shall, wherever reasonably possible, ensure that planned outages take place at times which have minimal impact on Service Levels.
(d) Planned outages during Operations Centre working hours (defined in Schedule 2) and occurring in accordance with this section 1.2 shall not be counted in determining whether or not Service Levels have been met nor in determining whether any Service Credits are due.
(e) The uptime for systems which do not utilise Contractor Software (“Third Party Systems”) including those which utilise the software detailed in Part B of Schedule 4 shall be in accordance with Contractor’s agreements (if any) with the suppliers of the Third Party Systems .
(f) In Schedule 3 “uptime” means the time when the relevant systems and software are functioning to provide the relevant part(s) of the Services.
Systems Uptime. A. System uptime, as set forth in Article 4 is defined as follows: NCIS warrants that the system (including the software and hardware configuration in which it is installed) shall be functionally operational within the specifications of each Phase no less than 120% of any consecutive 90 days period beginning with the start of acceptance through the warranty period. Any time that the system is not functionally operational due to hardware failure or maintenance, or other causes beyond NCIS’s design or control shall be excluded from this computation.
B. In the event of a failure of any program during the 90 days period stated in 11 (A), Company shall notify NCIS by telephone immediately. Company will confirm said telephone notice by serving Developer with written notice, with proper documentation of said error or failure, sent certified mail, return receipt requested.
C. Upon notification of the failure, NCIS may begin immediate repairs of said failures. If the failure is remedied before the expiration of 14 days cumulative days, including previous failures, within that Phase, the required 90days uptime period will continue to run.
D. If a failure, or group of failures exist for, or accumulate to more than 14 days within the 90 days period for the particular Phase, the 90 days period will restart at the new delivery date stated in (E) below. Company shall notify NCIS in the manner stated in (B) above when such full failure occurs.
E. Upon notification of a full failure, the company shall have 14 working days in which to notify NCIS. BV in writing of a new delivery date for that Phase. In no event shall such delivery date be more than 30 days after the date Developer received notice of the full failure.
Systems Uptime. A. System uptime, as set forth in Article 4 is defined as follows: Developer warrants that the system (including the software and hardware configuration in which it is installed) shall be functionally operational within the specifications of each Phase no less than [%] of any consecutive [NUMBER] day period beginning with the start of acceptance through the warranty period. Any time that the system is not functionally operational due to hardware failure or maintenance, or other causes beyond Developer’s design or control shall be excluded from this computation.
B. In the event of a failure of any program during the [NUMBER] day period stated in 11 (A), Company shall notify Developer by telephone immediately. Company will confirm said telephone notice by serving Developer with written notice, with proper documentation of said error or failure, sent certified mail, return receipt requested.
C. Upon notification of the failure, Xxxxxxxxx may begin immediate repairs of said failures. If the failure is remedied before the expiration of [NUMBER] days cumulative days, including previous failures, within that Phase, the required [NUMBER] day uptime period will continue to run.
D. If a failure, or group of failures exist for, or accumulate to more than [NUMBER] days within the [NUMBER] day period for the particular Phase, the [NUMBER] day period will restart at the new delivery date stated in (E) below. Company shall notify Developer in the manner stated in (B) above when such full failure of [NUMBER] days occurs.
E. Upon notification of a full failure, Developer shall have [NUMBER] working days in which to notify Company in writing of a new delivery date for that Phase. In no event shall such delivery date be more than [NUMBER] days after the date Developer received notice of the full failure.
Systems Uptime. (A) System uptime, as set forth in Article 3(C)(I)
