Uptime Performance Sample Clauses

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.
Sample 1Sample 2
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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
Sample 1
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, [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 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.
Sample 1

Related to Uptime Performance

  • Buyer’s Performance (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects.

  • Assist Performance Buyer shall exercise its reasonable best efforts to cause to be fulfilled those conditions precedent to Seller’s obligations to consummate the transactions contemplated hereby which are dependent upon actions of Buyer and to make and/or obtain any necessary filings and consents in order to consummate the sale transaction contemplated by this Agreement.

  • Seller’s Performance (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects.

  • Time for Performance 1.1. The term of this SOW Agreement shall begin on and end on (the “Initial Term”). The Initial Term may be extended as the parties may agree. The State may terminate this SOW for convenience upon thirty days prior written notice to the Contractor. If the Master Agreement should expire or otherwise terminate prior to the end of the term of this SOW Agreement, this SOW Agreement shall continue to the end of its existing term, unless or until terminated in accordance with the terms of this SOW Agreement, and the Parties acknowledge and agree that the terms of the Master Agreement shall survive and apply to this SOW Agreement.

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of:

  • Strict Performance Failure by any party to this Contract to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto.

  • Not Impair Performance Buyer shall not take any intentional action that would cause the conditions upon the obligations of the parties hereto to effect the transactions contemplated hereby not to be fulfilled, including, without limitation, taking or causing to be taken any action that would cause the representations and warranties made by any party herein not to be true, correct and accurate as of the Closing, or in any way impairing the ability of Seller to satisfy its obligations as provided in Article VII.

  • Timely Performance (a) SELLER's timely performance is a critical element of this Contract.

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • Events Excusing Performance Neither party shall be liable to the other party for failure to perform any of the services required herein in the event of strikes, lock-outs, calamities, acts of God, unavailability of supplies or other events over which that party has no control for so long as such events continue, and for a reasonable period of time thereafter.

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