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.
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);
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.

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].

  • 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 XXXX 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 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.

  • 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 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.

Related to Excused Unavailability

  • Unavailability (or “Unavailable”) the Flexibility Services, in accordance with the Service Requirements, are not Available to be delivered to the Company; “Utilisation Instruction” an instruction by the Company to the Provider to deliver Flexibility Services;

  • Scheduled Unavailability Date has the meaning specified in Section 3.03(b).

  • Benchmark Unavailability Period means, the period (if any) (a) beginning at the time that a Benchmark Replacement Date has occurred if, at such time, no Benchmark Replacement has replaced the then-current Benchmark for all purposes hereunder and under any Loan Document in accordance with Section 2.14 and (b) ending at the time that a Benchmark Replacement has replaced the then-current Benchmark for all purposes hereunder and under any Loan Document in accordance with Section 2.14.

  • Excused Outage means any disruption to or unavailability of Services caused by or due to (i) Scheduled Maintenance,

  • Excused Downtime means the number of minutes in the Charging Period that the LSP is unavailable due to:

  • Suppressed Availability means, at any time, an amount equal to the amount (if any, but in no event less than zero) by which the Borrowing Base exceeds the aggregate Revolving Commitments at such time.

  • Critical Service Failure shall have the meaning given in paragraph 5.4 of the Order Form;

  • Index Disruption means in respect of an Index on any Valuation Date, the Index Sponsor fails to calculate and announce such Index.

  • Fertilization means the fusion of a human spermatozoon with a human ovum.

  • Service Availability The total number of minutes in a calendar quarter that the Tyler Software is capable of receiving, processing, and responding to requests, excluding maintenance windows, Client Error Incidents and Force Majeure.

  • Average Availability means, with respect to any period, the sum of the aggregate amount of Availability for each Business Day in such period (calculated as of the end of each respective Business Day) divided by the number of Business Days in such period.

  • Transmission Reliability Margin or “TRM” shall mean the amount of transmission transfer capability necessary to provide reasonable assurance that the interconnected transmission network will be secure. TRM accounts for the inherent uncertainty in system conditions and the need for operating flexibility to ensure reliable system operation as system conditions change.

  • Required Availability means Excess Availability and unrestricted cash and Cash Equivalents in an amount of not less than $5,000,000.

  • Average Daily Availability means the average daily Availability for the immediately preceding Fiscal Quarter.

  • Ramping Capability means the sustained rate of change of generator output, in megawatts per minute.

  • System Availability for each System is calculated as follows:

  • Applicable Utilization Fee Rate means, as of any date, the percentage rate per annum at which Utilization Fees accrue on all Revolving Credit Advances at such time as set forth in the Pricing Schedule.

  • Utilization means public usage of the subway, bus, railroad

  • Utilization Fee Rate means the percentage set forth in Schedule 1 hereto beside the then applicable Level.

  • Service Level Failure means a failure to perform the Software Support Services fully in compliance with the Support Service Level Requirements.

  • Turbidity means the cloudy condition of water due to the presence of extremely fine particulate materials in suspension that interfere with the passage of light.

  • Undrawn Availability at a particular date shall mean an amount equal to (a) the lesser of (i) the Formula Amount, or (ii) the Maximum Revolving Advance Amount, minus the Maximum Undrawn Amount of all Letters of Credit, minus (b) the sum of (i) the outstanding amount of Revolving Advances, plus (ii) amounts due and owing to any Borrower’s trade creditors which are outstanding sixty (60) days or more past the due date thereof.

  • Net Xxxx-to-Market Exposure of a Person means, as of any date of determination, the excess (if any) of all unrealized losses over all unrealized profits of such Person arising from Rate Management Transactions. “Unrealized losses” means the fair market value of the cost to such Person of replacing such Rate Management Transaction as of the date of determination (assuming the Rate Management Transaction were to be terminated as of that date), and “unrealized profits” means the fair market value of the gain to such Person of replacing such Rate Management Transaction as of the date of determination (assuming such Rate Management Transaction were to be terminated as of that date).

  • Availability Block means $15,000,000.

  • Applicable Utilization Fee means, as of any date that the aggregate Advances exceed 33% of the aggregate Commitments, a percentage per annum determined by reference to the Public Debt Rating in effect on such date as set forth below: -------------------------------- ----------------------------- Public Debt Rating Applicable S&P/Moody's Utilization Fee -------------------------------- ----------------------------- Level 1 BBB+ or Baa1 or above 0.125% -------------------------------- ----------------------------- Level 2 BBB or Baa2 0.250% -------------------------------- ----------------------------- Level 3 BBB- and Baa3 0.000% -------------------------------- ----------------------------- Level 4 BBB- or Baa3 0.000% -------------------------------- ----------------------------- Level 5 BB+ and Ba1 0.000% -------------------------------- ----------------------------- Level 6 Lower than Level 5 0.000% -------------------------------- -----------------------------

  • Maximum Availability means, as of any date of determination, the difference of (i) the Facility Amount minus (ii) the balance of all unfunded Advances approved but not yet funded minus (iii) the Aggregate Unfunded Amount plus (iv) all amounts on deposit in the Unfunded Exposure Account, each as of such date of determination.