Excused Unavailability definition

Excused Unavailability means the number of hours Packback’s Platform is unavailable due to (a) planned maintenance or (b) circumstances outside of Packback’s control.
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Excused Unavailability means unavailability of the Software (a) during any scheduled or emergency maintenance or (b) attributable to telecommunication company service problems, third-party software defects, Customer, or any force majeure or other events or circumstances beyond the reasonable control of symplr.
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Excused Unavailability means any Downtime that results from: (a) issues or failures with Client’s or any Attendee’s hardware, software, networks, communications systems, internet providers or web browsers, (b) issues or failures of third-party sites, applications, software, hardware, or other components not controlled or provided by Brandlive, (c) the intentional, negligent, or malicious actions of third parties, (d) the Client’s or any Attendee’s intentional or negligent acts or omissions, or (e) force majeure events.
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Examples of Excused Unavailability in a sentence

  • Service Level is calculated as: [(total hours in a Measurement Period – total hours of Downtime) / (total hours in a Measurement Period – total hours of Excused Unavailability) x 100].

  • If Client purchases a single Event, Brandlive will use commercially reasonable efforts to ensure that Client’s Event is Available 99% of the time during the Event Period, excluding Downtime caused by Excused Unavailability.

  • The unavailable state persists until the unit is made available for operation by being synchronized to the system in service state.” For any Guarantee Year where the ▇▇▇▇ is more than ten percent (10%) Unavailable, other than Excused Unavailability as outlined in § 2.6.8, Customer shall be entitled to an Availability Credit as set forth on Exhibit D.

  • If Client purchases an annual license for Events, Brandlive will use commercially reasonable efforts to ensure that the Event Platform is Available 99.5% per calendar month, excluding Downtime caused by Excused Unavailability and Planned Maintenance.

  • EUAVm = the Excused Unavailability Aggregated Value for Month (m) calculated according to the formula in Section 2.6 (Excused Unavailability Aggregated Value) of this Exhibit 8 (Payment Mechanism).


More Definitions of Excused Unavailability

Excused Unavailability means: (i) scheduled maintenance (currently 12:00am US CST Sunday to 4:00am US CST Sunday, or such other alternative time outside of 8 am through 8 pm US CST Monday through Friday, upon notice to you); (ii) unavailability caused by acts or omissions of you or its agents or caused by any breach by you of the Agreement or this SLA; (iii) unavailability caused by network unavailability or bandwidth limitations outside of the Exo network; (iv) issues arising from bugs or other problems in the software, firmware or hardware of Exo suppliers; (v) hacks, malicious introduction of viruses, disabling devices, and other forms of attacks that disrupt access to Exo Works Subscription Services; (vi) power outages or other telecommunications or Internet failures; and (vii) events outside of Exo’s control. In the case of subsections (iv) and (v), such events shall be included in the calculation of Excused Unavailability if the outage could not have been prevented by reasonable and customary precautions in the hosting industry. Availability will be calculated as follows: (total minutes in any calendar month – total minutes of Downtime) divided by (the total minutes in such calendar month). If Exo fails to meet the Availability Commitment for two (2) consecutive calendar months or fails to meet the Availability Commitment for any three (3) calendar months within any twelve (12) month period, then by notice given within thirty (30) days after the end of the month which triggered your right of termination, you may terminate Exo Works Subscription Services effective thirty (30) days after receipt of the notice, and receive a refund of any pre-paid fees for periods after the effective date of termination. The provisions of this SLA state your sole and exclusive remedy for any service level deficiencies of any kind. Exo will use commercially reasonable efforts to provide Exo Works Subscription Services support to you comprised of (i) on-line access to the Exo support portal generally available twenty-four (24) hours a day, seven (7) days a week (subject to circumstances outside of Exo control);
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