Uptime Performance. LiveVol will use commercially reasonable efforts to: (i) minimize any interruptions in Subscriber’s access to, and use of, the LiveVol Platform; and (ii) minimize and/or correct any performance issues, malfunctions, delays in refreshing the Data, interruption, errors or termination of the LiveVol Platform. It is intended that Subscriber be able to access and effectively use the LiveVol Platform twenty-four (24) hours a day, three hundred sixty five days per year, excluding times scheduled for preventative maintenance. Scheduled preventative maintenance during each calendar year is not anticipated to exceed ten (10) hours and LiveVol will use commercially reasonable efforts to ensure that such maintenance time is scheduled during non-peak usage hours. LiveVol shall alert Subscriber at least forty-eight (48) hours prior to any scheduled preventative maintenance unless an extraordinary event requires emergency response measures to be taken. Notwithstanding the foregoing, Subscriber acknowledges and agrees that LiveVol does not guarantee uptime performance of the LiveVol Platform, or any component thereof.
Uptime Performance. Mpath agrees maintain a [XXXXX] uptime for the Co- ------------------ Branded Pages within each [XXXXX] period of this Agreement (with the exception of any scheduled maintenance performed by Mpath) as measured by HTML requests from Infoseek at [XXXXX] intervals with [XXXXX] time-outs ("Uptime Performance"). If service for the Co-Branded Pages fails to meet such Uptime Performance standards and is not corrected within [XXXXX] from written notification to Mpath by Infoseek, Infoseek may immediately terminate this Agreement upon written notice. Uptime Performance means a User is able to link to the Co-Branded Pages. Such Uptime Performance shall be measured by multiple independent third party ISPs. [XXXXX] CONFIDENTIAL TREATMENT REQUESTED OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
Uptime Performance. “Uptime Performance” is defined as the capability of the Equipment to be utilized to treat or diagnose patients. The Equipment will be considered to be operational (a) unless it cannot be utilized to treat or diagnose patients (room down), (b) if Supplier is prepared to perform maintenance services to make the Equipment operational but such service is refused by the Customer or is deferred by the Customer until a later time or date, or (c) if the Equipment is not otherwise made available to Supplier’s service engineers. If the Equipment is not operational, then the Customer must immediately notify Supplier’s uptime service center (24-hour service call dispatch center). Downtime will not commence until such notification is given to Supplier.
