UPTIME REQUIREMENT Sample Clauses

UPTIME REQUIREMENT. Pequity will make commercially reasonable efforts to ensure that the Platform will be Available at least 99.9% of the time (“Uptime Requirement”) as measured over each calendar month during the term of any Order. The following shall be excluded from any calculation to determine whether Pequity has complied with the Uptime Requirement: (a) Scheduled Maintenance; (b) Downtime resulting from any acts or omissions by Client or an authorized end-user that are not in accordance with this Agreement, including without limitation, any negligence, willful misconduct or use of the SaaS Services or the Platform in breach of this Agreement; (c) delays or outages caused by any third-party services;
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UPTIME REQUIREMENT a. Company will make commercially reasonable efforts to ensure that the Software Product will be Available at least 99.5% of the time ("Uptime Requirement") as measured over each calendar month during the Term. b. The following shall be excluded from any calculation to determine whether Company has complied with the Uptime Requirement: (i) Scheduled Maintenance; (ii) Downtime resulting from any acts or omissions by Customer that are not in accordance with the Terms and Conditions and Order Form, including without limitation, any negligence, willful misconduct or use of the Software Product in breach of the Terms and Conditions and Order Form; (iii) delays or outages caused by any third party platforms or services; (iv) any restrictions imposed by any such third party platforms or services; and (v) Downtime resulting from a force majeure, as set forth in Terms and Conditions.
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UPTIME REQUIREMENT. Xxx will make commercially reasonable efforts to ensure that the Service will be Available at least 99.9% of the time (“Uptime Requirement”) as measured over each calendar month during the term of any Order Form. The following shall be excluded from any calculation to determine whether Xxx has complied with the Uptime Requirement: (i) Scheduled Maintenance; (ii) Downtime resulting from any acts or omissions by Customer or an Authorized User that are not in accordance with this Agreement, including without limitation, any negligence, willful misconduct or use of the Services or the Platform in breach of this Agreement; (iii) delays or outages caused by any Third- Party Services; (iv) any restrictions imposed by any such Third-Party Services; and (v) Downtime resulting from a force majeure, as set forth in Section 11.10 of the Agreement.
Sample 1
UPTIME REQUIREMENT. Cadmium shall use commercially reasonable efforts to provide that uptime shall be no less than 99% within any full calendar month (the “Uptime Requirement”). Uptime is measured as time that the Platform is available without a critical outage outside of (1) regularly scheduled maintenance windows (2) unscheduled maintenance, if advance notice is provided as set forth below, (3) delays that are attributable to Client, to any external or third-party hardware, software, system or service, or any network or telecommunications factors on the Internet that are not within Cadmium’s reasonable control, or (4) any force majeure event. The scenarios described by (1)-(4) above shall be referred to herein as the “Permitted Outages”). Advanced notice of Maintenance shall be provided to Client, as needed, if maintenance occurs outside of the Cadmium’s regularly scheduled maintenance window between 10PM and 4AM nightly Eastern Time. CADMIUM provides a three-level call severity system.
Sample 1
UPTIME REQUIREMENT. Cypher Learning will make commercially reasonable efforts to ensure that the Service will be Available at least 99.9% of the time (“Uptime Requirement”) as measured over each calendar month during the term of any Order Form. The following shall be excluded from any calculation to determine whether Cypher Learning has complied with the Uptime Requirement: (a) Scheduled Maintenance; (b) Downtime resulting from any acts or omissions by Customer or an Authorized User that are not in accordance with this Agreement, including without limitation, any negligence, willful misconduct or use of the Services or the Platform in breach of this Agreement; (c) delays or outages caused by any Third- Party Services; (d) any restrictions imposed by any such Third-Party Services; and (e) Downtime resulting from a force majeure, as set forth in Section 11.11 of the Agreement.
Sample 1
UPTIME REQUIREMENT. Cypher Learning will make commercially reasonable efforts to ensure that the Service will be Available at least 99.9% of the time (“Uptime Requirement”) as measured over each calendar month during the term of any Order Form. The following shall be excluded from any calculation to determine whether Cypher Learning has complied with the Uptime Requirement: (a) Scheduled Maintenance; (b) Downtime resulting from any acts or omissions by Customer or an Authorized User that are not in accordance with this Agreement, including without limitation, any negligence, willful misconduct or use of the Services or the Platform in breach of this Agreement; (c) delays or outages caused by any third-party services; (d) any restrictions imposed by any such third- party services; and (e) Downtime resulting from a force majeure, as set forth in Section 12.10 of the Agreement. Upon receiving a written report of Downtime, for each full hour of Downtime, Cypher Learning will credit Customer two percent (2%) of Customer’s monthly fee (prorated if an annual fee), up to fifty percent (50%) of Customer’s monthly fee for the affected Service. Customer agrees that the credit specified in this Exhibit A will be Customer’s sole and exclusive remedy for any Downtime.
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Related to UPTIME REQUIREMENT

  • W-9 Requirement Alongside a signed copy of this Agreement, Grantee will provide Florida Housing with a properly completed Internal Revenue Service (“IRS”) Form W-9. The purpose of the W-9 form is to document the SS# or FEIN# per the IRS. Note: W-9s submitted for any other entity name other than the Grantee’s will not be accepted.

  • Service Requirement Except as otherwise provided in Section 6(e) of the Plan or Section 2 of this Agreement, this Option may be exercised only while you continue to provide Service to the Company or any Affiliate, and only if you have continuously provided such Service since the Grant Date of this Option.

  • Time Requirements The Independent Contractor will not be required to follow or establish a regular or daily work schedule, but shall devote during the term of this Agreement the time, energy and skill as necessary to perform the services of this engagement and shall, periodically or at any time upon the request of the Company, submit information as to the amount of time worked and scope of work performed.

  • CONTRACT COMPLIANCE REQUIREMENT The HUB requirement on this Contract is 0%. The student engagement requirement of this Contract is 0 hours. The Career Education requirement for this Contract is 0 hours. Failure to achieve these requirements may result in the application of some or all of the sanctions set forth in Administrative Policy 3.10, which is hereby incorporated by reference.

  • Notice Requirement No termination of this Agreement shall be effective unless and until the party terminating this Agreement gives prior written notice to all other parties to this Agreement of its intent to terminate which notice shall set forth the basis for such termination. Furthermore, in the event that any termination is based upon the provisions of Article VII, or the provision of Section 10.1(a), 10.1(i) or 10.1(j) of this Agreement, such prior written notice shall be given in advance of the effective date of termination as required by such provisions; and

  • Overtime requirements No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

  • Basic Requirements To be eligible for PayPal’s Seller Protection program, all of the following basic requirements must be met, as well as any applicable additional requirements: • The primary address for your PayPal account must be in the United States. • The item must be a physical, tangible good that can be shipped, except for items subject to the Intangible Goods Additional Requirements. Transactions involving items that you deliver in person in connection with payment made in your physical store, may also be eligible for PayPal’s Seller Protection program so long as the buyer paid for the transaction in person by using a PayPal goods and services QR code. • You must ship the item to the shipping address on the Transaction Details page in your PayPal account for the transaction. If you originally ship the item to the recipient’s shipping address on the Transaction Details page but the item is later redirected to a different address, you will not be eligible for PayPal’s Seller Protection program. We therefore recommend not using a shipping service that is arranged by the buyer, so that you will be able to provide valid proof of shipping and delivery. • The shipping requirement does not apply to eligible transactions involving items that you deliver in person; provided, however, that you agree to provide us with alternative evidence of delivery or such additional documentation or information relating to the transaction that we may request. • You must respond to PayPal’s requests for documentation and other information in a timely manner as requested in our email correspondence with you or in our correspondence with you through the Resolution Center. If you do not respond to PayPal’s request for documentation and other information in the time requested, you may not be eligible for PayPal’s Seller Protection program. • If the sale involves pre-ordered or made-to-order goods, you must ship within the timeframe you specified in the listing. Otherwise, it is recommended that you ship all items within 7 days after receipt of payment. • You provide us with valid proof of shipment or delivery. • The payment must be marked “eligible” or “partially eligible” in the case of Unauthorized Transaction claims, or “eligible” in the case of Item Not Received claims, for PayPal’s Seller Protection program on the Transaction Details page. • In the case of an Unauthorized Transaction claim, you must provide valid proof of shipment or proof of delivery that demonstrates that the item was shipped or provided to the buyer no later than two days after PayPal notified you of the dispute or reversal. For example, if PayPal notifies you of an Unauthorized Transaction claim on September 1, the valid proof of shipment must indicate that the item was shipped to the buyer no later than September 3 to be eligible for PayPal’s Seller Protection program. PayPal determines, in its sole discretion, whether your claim is eligible for PayPal’s Seller Protection program. PayPal will make a decision, in its sole discretion, based on the eligibility requirements, any information or documentation provided during the resolution process, or any other information PayPal deems relevant and appropriate under the circumstances. To be eligible for PayPal’s Seller Protection program for a buyer’s Item Not Received claim, you must meet both the basic requirements and the additional requirements listed below: • Where a buyer files a chargeback with the issuer for a card-funded transaction, the payment must be marked “eligible” for PayPal’s Seller Protection on the Transaction Details page. • You must provide proof of delivery as described below.

  • Specific Requirements compensation insurance with statutory limits required by South Dakota law. Coverage B-Employer’s Liability coverage of not less than $500,000 each accident, $500,000 disease-policy limit, and $500,000 disease-each employee.

  • Invoice Requirements Contractor hereby waives the right to enforce any term which contradicts or modifies any term of the solicitation or any Contract that may result, including subsequent amendments to the Contract, or would result in an unencumbered expense if enforced against the state. Contract quote and invoice must contain, at a minimum:

  • System Requirements Apple Software is supported only on Apple-branded hardware that meets specified system requirements as indicated by Apple.

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