Term Definitions. (a) The term of Executive’s employment under this Agreement shall commence on the Effective Date and shall continue indefinitely, provided, however, that Executive’s employment under this Agreement may be terminated at any time pursuant to the provisions of Section 4. The period of time from the Effective Date through the termination of Executive’s employment hereunder pursuant to its terms is herein referred to as the “Term.” For purposes of this Agreement, the following terms, as used herein, shall have the definitions set forth below.
Term Definitions. When used in this Collective Bargaining Agreement, Agreement shall mean the Collective Bargaining Agreement. Board shall mean the Board of Education, School District, Superintendent, Assistant Superintendent, Business Manager, Building Administrator or any other agent of the Board of Education.
Term Definitions. Subject to ARTICLE III hereof, the Obligations of the Guarantor under this Guaranty shall remain in full force and effect with respect to the Note until the payment in full of all Obligations under the Note.
Term Definitions. The following terms shall have the meanings set forth herein, unless otherwise specified in this Contract:
Term Definitions. The following definitions shall be used in this Section 6 and throughout the Agreement to govern the term of this Agreement and any termination thereof.
Term Definitions. References to quarters in this PFS Contract, including all the Schedules hereto, refer to calendar quarters following the Service Commencement Date; provided that the first quarter will begin on the Service Commencement Date and will end on March 31, 2017.
Term Definitions. For the purpose of this Service Level Agreement, the terms in bold are defined as follows: Available or Availability When the USER whose account is active and enabled has reasonable access to the Hosted Service provided by INFREEMATION, subject to the exclusions defined in Downtime Minutes below. Total Monthly Minutes The number of days in the month multiplied by 1,440 minutes per day. Maintenance Time The time period during which the Hosted Service may not be available each month so that INFREEMATION can perform routine maintenance to maximise performance, introduce new features and install operating system patches, is on an as needed basis. Maintenance Time is always communicated to the customer and agreed in advance unless urgent. Downtime The total number of minutes that the USER cannot access the Hosted Service. The calculation of Downtime Minutes excludes time that the USER is unable to access the Hosted Services due to any of the following:
Term Definitions. For the purpose of this Service Level Agreement, the following terms shall have the following meanings: • Available or Availability – When the Customer has reasonable access to the core functionality of the subscribed software provided by CompassLearning subject to the exclusions defined in Downtime minutes below. • Total Monthly Minutes – The total number of days in a given month multiplied by 1,440 minutes per day. • Maintenance Time – The total number of minutes during which the Services will not be Available each month so that CompassLearning can perform routine maintenance to maximize the performance of the Services. CompassLearning will endeavor to provide customers with a twenty-four (24) hour notice of system maintenance which will require downtime. However, we are not required to provide notice and we do not represent, warrant, or guarantee that we will provide customers with any notice of downtime for maintenance or any other reason. Nor do we represent, warrant, or guarantee the hosted web site will be available to customers at all times. • Downtime – The total number of minutes that the Customer cannot access CompassLearning Odyssey. The calculation of Downtime minutes excludes time that the Customer is unable to access Odyssey due to any of the following: (i) the Maintenance Time; (ii) Customer’s own Internet service provider; (iii) a Force Majeure event; (iv) any systemic Internet failures; (v) any failure in Customer’s own hardware, software or network connection; (vi) Customers bandwidth restrictions; or (vii) Customer’s acts or omissions. • Maintenance Notices – CompassLearning will communicate the date and time that CompassLearning intends to make Odyssey unavailable through an email sent to enrolled site personnel at least forty-eight (48) hours in advance (or longer if practical), or via the Launchpad within CompassLearning Odyssey. The Customer understands and agrees that there may be instances where CompassLearning needs to interrupt the Services without notice in order to protect the integrity of the software due to security issues, virus attacks, spam issues or other unforeseen circumstances. • Force Majeure – Acts beyond the reasonable control of CompassLearning, including, but not limited to, acts of God, fire, explosion, vandalism, natural disasters, storm or other similar occurrence; any law, order, regulation, direction, action or request of the United States Government or state or local governments, or of any department, agenc...
Term Definitions. The terms used in this Loan Supplement, where not defined herein to the contrary, shall have the same meanings as defined in the Master Agreement. De Xxxx Xxxxxx Financial Services, Inc. Lender Orange 21 Inc. Borrow By: By: x /s/ Xxxxx Xxxxxxxxxx Title: Title: x Chief Operating Officer SCHEDULE A FINANCED PRODUCT INFORMATION Master Loan and Security Agreement, (“Master Agreement”) Dated as of May 23, 2006 Loan Supplement No. (“Loan Supplement”) Dated as of May 23, 2006 between De Xxxx Xxxxxx Financial Services, Inc. (“Lender”) and Orange 21 Inc. (“Borrower”) FINANCED PRODUCT – LICENSED SOFTWARE, SERVICES AND HARDWARE DESCRIPTION: QTY DESCRIPTION TOTAL Refer to FMT Consultants invoice No. SFT40731, dated 5/23/2006 (2) page totaling $ 491,366.15 TOTAL:
