Best of Breed. PERFORMANCE STANDARDS TO BE MAINTAINED BY IMPROVENET. ImproveNet shall exercise commercially reasonable efforts to perform its responsibilities set forth in this Agreement so that, to the extent applicable, the ImproveNet System is competitive with or superior to any other commercial consumer service-oriented web sites offered in similar markets to similar customers ("Best of Breed Performance Standards"). For purposes of this Section, competitiveness or superiority shall be ascertained on the basis of material, objective performance factors, including response time, functionality, and reliability. Without limiting the foregoing, ImproveNet shall, (i) exercise reasonable commercial efforts to ensure that the ImproveNet System operates twenty-four hours a day, seven days a week, with no more than five percent (5%) Scheduled Downtime (periods of unavailability for scheduled maintenance or installation of upgrades), and (ii) ensure that there is no Scheduled Downtime between 6am and 9pm EST
Best of Breed shall have the meaning set forth in Schedule H. Best of Breed analyses shall be used for all Products and Services to be provided or implemented as part of the Network design and architecture.
Best of Breed means (i) those personal health and/or medical content and shopping services available on the Internet with the most advanced and commercially successful, functionality, performance, content, and features, whether utilitarian or aesthetic, and (ii) the ability of the Company Site and the Co-Branded Site to scale easily with only additional hardware and to accommodate, at a minimum, the peak traffic volume of the third most visited Internet personal health and/or medical site.
Examples of Best of Breed in a sentence
The showing of unconfirmed Champions in Best of Breed competition is limited to a period of 90 days from the date of the show where the dog completed the requirements for a championship.
The following categories of dogs may be entered and shown in Best of Breed competition: Dogs that are Champions of Record and dogs which, according to their owners’ records, have completed the requirements for a championship, but whose championships are unconfirmed.
The showing of unconfirmed Champions in Best of Breed competition is Limited to a period of 90 days from the date of the show where the dog completed the requirements for a championship.
Dogs which according to their owners' records have completed the requirements for a championship after the closing of entries for the show but whose championships are unconfirmed, may be transferred from one of the regular classes to the Best of Breed or Variety Competition, provided this transfer is made by the Superintendent at least one half hour prior to the start of the earliest Conformation judging at the Show.
The following categories of dogs may be entered and shown in Best of Breed Competition: Dogs that are Champions of Record and dogs which, according to their owner's records, have completed the requirements for a championship, but whose championships are unconfirmed.
More Definitions of Best of Breed
Best of Breed or "XXX" means Products and/or Services that are commercially available and that have the best functionality for the lowest price as set forth in more detail in Section 4.
Best of Breed means, as to each Core Premium Service, that, as determined by a cross-section of mutually agreed-upon third-party reviewers who are recognized authorities in the IP Telephony industry, (i) such Core Premium Service is competitive, when taken as a whole, with the same or substantially similar services offered by any N2P Competitor through any similar online distribution channel; (ii) the rates associated with such Core Premium Service (including per-minute rates), when taken as a whole, are equal to or lower than the rates, when taken as a whole, for the same or substantially similar **** CERTAIN PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. EXECUTION VERSION products or services offered by any N2P Competitor; and (iii) N2P is included within the top **** (****) providers of such IP Telephony Service (when taken as a whole) in the IP Telephony industry, taking into consideration, as a whole, such factors as pricing, scope and selection of products and services, technology platform and other aspects of the distribution channel, quality and ease of use of products and services, functionality, call quality, quality of customer support, success rates of call completion and overall level of customer satisfaction. The determination of "Best-of-Breed" shall not take into account limited promotions (e.g., ****) In the event that at any time during the Initial Term, a Core Premium Service fails to be Best-of-Breed, ICQ may notify N2P of such failure (including the reasons therefor and the basis for the determination thereof under this Agreement) and of its intention to terminate exclusivity with respect to the non-Best-of-Breed Core Premium Service. For a period of **** (****) **** following receipt of such notice, N2P shall have the opportunity to remedy the failure. Notwithstanding the foregoing (and in addition to any other remedies available to ICQ in this Agreement, including, without limitation, in Section 16.6 hereof), in the event that N2P has not cured any such failure (regardless of the level of effort by N2P to cure such failure) by the end of such **** (****) **** period (unless the Parties mutually agree in writing to extend such cure period), ICQ shall have the right to terminate the exclusivity (as set forth in Section 9 of this Agreement) with respect to such non-Best-of-Breed Core P...
Best of Breed means, in relation to products, products which have been identified as the best products of its type. Enterprises often purchase software from different vendors to obtain the best of breed offering for each application area. For example, enterprises may purchase a human-resource package from one vendor and an accounting package from another. It is difficult for a single vendor to excel in every application area.
Best of Breed means (i) those personal health and/or medical shopping services available on the Internet with the most advanced and commercially successful functionality, performance, content, and features, whether utilitarian or aesthetic; (ii) the ability of the Co-Branded Site to scale easily with only additional hardware and to accommodate, at a minimum, the peak traffic volume of the third most visited Internet personal health and/or medical site; and (iii) the ability of SelfCare to timely and efficiently process product orders from Users, including receiving payments, processing credit card payments, processing all returns from Users, issuing Credits to Users, and providing Users with customer service. HealthGate acknowledges that SelfCare meets the criteria of Best of Breed as defined in this Section 1.1 as of the Effective Date.
Best of Breed means (i) those job searching products and services available on the Internet with the most advanced and commercially successful, functionality, performance, content, and features, whether utilitarian or aesthetic, and (ii) the ability of the Company Sites and the Co-Branded Site to scale easily with only additional hardware and to accommodate, at a minimum, [***].
Best of Breed means the dog or bitch that is judged to be the best example of a particular breed exhibited at a Championship Show, Open Show, Parade or Sanction Show. It is eligible to represent its breed at the judging of “Best in Group”.
Best of Breed means that the Beep and Premium Services, collectively or separately as the context requires, when compared to any other substantially similar telecommunications and streaming media services available on the Internet among the top two of the market leaders in terms of the following criteria, taken as a whole: (i) integrated functionality; (ii) timeliness; and (iii) reputation and ranking based upon a cross-section of a minimum of three third party reviewers in terms of features, functionality, quality and other qualitative factors that the Parties mutually deem material in nature.