Uptime Goal. ITX shall use commercially reasonable efforts to make ITX Systems and the Service available 99.5% of the time (the "Uptime Goal"). The Uptime Goal shall be measured within ITX Systems on a monthly basis calculated to include twenty- four (24) hours per day over each month, but excluding from the numerator and denominator in the calculation the duration in time of any temporary shutdowns due to scheduled maintenance (which will not exceed in the aggregate ten (10) hours per month), telecommunications or power disruptions caused by third parties, and any other causes beyond the reasonable control of ITX. Any failure of ITX to satisfy the Uptime Goal shall not constitute a breach of this Agreement. Client FURTHER ACKNOWLEDGES AND AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OF ITX TO PROVIDE THE SERVICES IN ACCORDANCE WITH THE UPTIME GOAL IS TO TERMINATE THIS AGREEMENT PURSUANT TO SECTION 4.1.
Uptime Goal. ITX shall use commercially reasonable efforts to make ITX Systems and the Services available 99.5% of the time (the “Uptime Goal”). The Uptime Goal shall be measured within ITX Systems on a monthly basis calculated to include twenty-four (24) hours per day over each month, but excluding from the numerator and denominator in the calculation the duration in time of any temporary shutdowns due to (1) periodic scheduled maintenance or repairs (which will not exceed in the aggregate ten (10) hours per month); (2) interruptions caused by CLIENT from custom scripting, coding or the installation of third-party applications; (3) telecommunications or power disruptions caused by third parties; (4) any other causes not reasonably foreseeable or beyond the reasonable control of ITX; and (5) outages related to the reliability of certain programming environments. Any failure of ITX to satisfy the Uptime Goal shall not constitute a breach of the Agreement.
Uptime Goal. ITX shall use commercially reasonable efforts to make ITX Systems and the Services available 99.5% of the time (the “Uptime Goal”). The Uptime Goal shall be measured within ITX Systems on a monthly basis calculated to include twenty-four (24) hours per day over each month, but excluding from the numerator and denominator in the calculation the duration in time of any temporary shutdowns due to scheduled maintenance (which will not exceed in the aggregate ten (10) hours per month), telecommunications or power disruptions caused by third parties, and any other causes beyond the reasonable control of ITX. Any failure of ITX to satisfy the Uptime Goal shall not constitute a breach of the Agreement.
Uptime Goal. We will use commercially reasonable efforts to make the Server Space and the Services available for 99% of the time with the exclusion of any downtime resulting as a result of any of the following events:
