Excluded Events has the meaning set forth in Section 6.1(d)(ii).
Excluded Events means any of the following: (i) a fault in, or any other problem associated with, systems not operated or managed by SAP; (iii) any breach of the Agreement by the Customer or a third-party within the Customer’s direct control or any third party supplier to the Customer;(iv) any act by the Customer which interferes with or impedes the supply of the Digital Interconnect Service; (v) any suspension of the Digital Interconnect Service in accordance with the terms of the Agreement; or (vi) any other circumstances caused by events for which SAP is not liable in accordance with the terms of the Agreement.
Excluded Events means (i) changes in the national or world economy or financial markets as a whole, (ii) changes in general economic conditions taken as a whole that affect the industries in which the Company and its Subsidiaries conduct their business, (iii) acts of terrorism or war, including the engagement by the United States of America or any other country in hostilities, and whether or not pursuant to the declaration of a national emergency or war, or any earthquakes, hurricanes or other natural disasters, and (iv) any financial statement impact of the transactions contemplated by the Transaction Documents.
Examples of Excluded Events in a sentence
Premium 99.8% Volume 99.0% 8.2. In the event that in any calendar month, the Network Availability within Leaseweb’s Network, is lower than the Network Availability Target, Customer shall be eligible to receive a Service Credit (the “Network Availability Credit”) (except in case of Excluded Events).
More Definitions of Excluded Events
Excluded Events shall include: (i) Landlord’s breach of its duty of maintenance as contained in Sections 9.2 (b) through (e) above; (ii) the acts or omissions of Prime Landlord, Landlord or their respective agents, employees, contractors, representatives, permittees, licensees, officers, directors or other lessees while on or about the Premises or surrounding areas, whether during an inspection, while performing repairs, or otherwise; (iii) for matters covered by workers compensation insurance; and (iv) matters described on Exhibit “D” attached hereto.
Excluded Events has the meaning ascribed to such term in Section 5.1(d)(ii).
Excluded Events means any event that adversely impacts the Service that is caused by (a) the acts or omissions of You, Your employees, customers, contractors or agents; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by Payment Gateway; (c) Force Majeure events; (d) scheduled maintenance, alteration or implementation; (e) any suspension of Service pursuant to the Merchant Service Agreement; or (f) the unavailability of Your required personnel, including as a result of failure to provide Payment Gateway with accurate, current contact information.
Excluded Events means any Incident caused by or resulting from (i) an event of Force Majeure, (ii) an act or omission of Customer, its employees, End Users, agents or contractors; (iii) Tests, Maintenance, relocation; (iv) any failure to correctly perform a Cloud Console Test Transaction and/or a Platform Test due to a technical malfunction, Maintenance or otherwise, (iv) a suspension of Services in accordance with the Sales Terms and Conditions, (v) any exercise by Leaseweb of its rights or remedies under the Sales Contract, (vi) Denial-of-Service (DoS) attacks, Distributed-Denial-of-Service (DDoS) attacks or Distributed-Reflected-Denial-of-Service (DRDoS) attacks by a third party or third parties that results in an unaccounted peak in data traffic, or other attacks by a third party or third parties that result in the Service becoming wholly or partly unavailable, (vii) any use of the Service or Equipment that is in breach of the Sales Contract, (viii) any failure of Customer controlled actions or environments, (ix) virus or malware, (x) any successful or unsuccessful hack and/or any intrusion attempts, (xi) any event that occurs during a period during which the Customer is in breach of its payment obligations under the Sales Contract, (xii) unauthorised changes to Leaseweb’s Equipment or Instance by the Customer, and (xiii) any event resulting from Customer’s consumption of electricity exceeding the Basic Power (specified in the Contract Overview), (xiv) any event resulting from Customer’s consumption of Data Traffic or Bandwidth exceeding the Committed Data Traffic or the Committed Bandwidth (specified in the Contract Overview), (xv) the failure by Customer to implement recommendations or solutions previously advised or made available by Leaseweb, (xvi) any incorrect or unauthorised use of the Service, or the use of the Service for a purpose for which it was not designed, (xvii) any interaction between the Service, the Instance, the Equipment and any other software, hardware or third party service, (xviii) problems which cannot be reasonably re-created or examined by Leaseweb, (xix) any configuration by Customer of the Service or the Equipment, and/or (xx) Customer Planned Downtime. Equipment Replacement Time means the period of time measured from the time Leaseweb engineers identify the source of the defective Equipment, until the moment Leaseweb physically replaces the defective Equipment, excluding any time spent communicating with Customer regarding permissions or ...
Excluded Events has the meaning specified in the definition of Material Adverse Effect.
Excluded Events means (i) bankruptcy, insolvency, receivership, reorganization or liquidation proceedings or other proceedings, voluntary or involuntary, for relief under any bankruptcy law or any law for the relief of debtors shall be instituted by or against Digerati or any subsidiary of Digerati (each a “Subsidiary”), (ii) any dissolution, liquidation, or winding up of Digerati or any Subsidiary or any substantial portion of the business of Digerati or any Subsidiary, (iii) the failure by Digerati or any Subsidiary to maintain any material intellectual property rights, personal, real property or other assets which are necessary to conduct the business of Digerati or any Subsidiary (whether now or in the future), (iv) Digerati’s common stock is suspended from trading, halted from trading, and/or fails to be quoted or listed (as applicable) on a publicly traded market, (v) the sale, conveyance or disposition of all or substantially all of the assets of Digerati or any Subsidiary, or the consolidation, merger or other business combination of Digerati or any Subsidiary with or into any individual, corporation, limited liability company, partnership, association, trust or other entity or organization, (vi) an event of default under Section 3.2 of the Notes, and (vii) an event of default under Section 3.8 of the Notes and Digerati fails to regain compliance with the reporting requirements encompassed by Section 3.8 of the Notes within thirty (30) calendar days thereafter.
Excluded Events means those matters identified in Section 2.1 below.