Permitted Unavailability definition

Permitted Unavailability includes Planned Outages (as defined below) and any unavailability due to causes beyond the reasonable control of CCH, including, without limitation: any software, hardware, or telecommunication failures; interruption or failure of telecommunication or digital transmission links; Internet slow-downs or failures; failures or default of third party software, vendors, or products; and unavailability resulting from the actions or inactions of Customer or a failure of Customer’s communications link or systems. “Planned Outages” means the period of time during which CCH conducts standard systems maintenance. CCH shall use reasonable efforts to schedule Planned Outages during non- peak hours. In the event CCH fails to achieve the Availability Requirement, CCH shall use commercially reasonable efforts to correct the interruption as promptly as practicable. In the event CCH fails to achieve the Availability Requirement in two consecutive months during the term of the Agreement, Customer may terminate the Agreement within thirty (30) days of the end of the second consecutive month, without further obligation and receive a prorated refund of any pre- paid, unused recurring fees. Such refund shall constitute Customer’s sole and exclusive remedy and CCH’s sole and exclusive liability for failure to achieve the Availability Requirement.
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Permitted Unavailability means unavailability of the Hosted Software due to Planned Outages, a force majeure event (as provided in Section 11.8), any software, hardware, or telecommunication or digital transmission failures or interruptions, Internet slow-downs or failures, third party software, hardware, or service failures, or any actions or inactions of Customer or Customer’s vendors or service providers, that prevents, limits, or degrades the availability or use of some or all of the Hosted Software.
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Permitted Unavailability means an occurrence where a Facility has been rendered unavailable for use by the Transmission Administrator as a result of an Approved Outage.
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Examples of Permitted Unavailability in a sentence

  • If Customer has selected the Hosted Software, VUEWORKS offers a performance commitment that the key features of the Hosted Software will be available for access and use by Customer at least 99% of the time per calendar quarter, excluding any period of Permitted Unavailability (the “Uptime Commitment”).

  • The Effacts Service will be available for access and use by Customer an average of at least ninety-nine percent (99%) of the time during each month during the term for such services (the “Availability Requirement”), excluding any period of Permitted Unavailability (as defined below).

  • Rockwell Automation will use commercially reasonable efforts to make the Cloud Services available for Your access and use, as contemplated under this Agreement and Order Form, an average of at least 99.9% of the time during each month during the relevant Term of Use or as otherwise set forth on the Order Form (the “Availability Requirement”), excluding any period of Permitted Unavailability.

  • The Legisway Essentials Service will be available for access and use by Customer an average of at least ninety-nine and nine-tenth of one percent (99.9%) of the time during each month during the term for such services (the “Availability Requirement”), excluding any period of Permitted Unavailability (as defined below).

  • Any Permitted Unavailability will not be included in the calculation of Availability Average for the applicable month.

  • In addition, VUEWORKS will not be responsible for periods of unavailability resulting from any of the following: (i) Customer modifications to or uses of the Software or Hosted Software that are not authorized by VUEWORKS or permitted under this Agreement, (ii) Permitted Unavailability or (iii) Customer errors in integration.

  • The Legisway Service will be available for access and use by Customer an average of at least ninety-nine and nine-tenth of one percent (99.9%) of the time during each month during the term for such services (the “Availability Requirement”), excluding any period of Permitted Unavailability (as defined below).

  • Rockwell Automation will use commercially reasonable efforts to make the Cloud Services available for Your access and use, as contemplated under this Addendum, an average of at least ninety-nine (99%) of the time during each month during the relevant License Term (the “Availability Requirement”), excluding any period of Permitted Unavailability.

  • In this case, the consideration underlying the agreement is the award of the contract.

  • Subject to Section 7.2 below, Xxxxxx shall use commercially reasonable efforts to make the Xxxxxx Platform Available twenty four (24) hours a day, seven (7) days a week, except for periods of Permitted Unavailability.


More Definitions of Permitted Unavailability

Permitted Unavailability means any outage that results from (1) Scheduled Maintenance, (2) Customer's or any of its users’ unauthorized use of the Service; or (3) failures of the Internet backbone itself and the network by which Customer connects to the Internet backbone or any other network unavailability outside of the DTS Network (i.e., the DTS network extends to, includes and terminates at the data center located router that provides the outside interface of each of DTS’s WAN connections to its backbone providers (referred to herein as the “DTS Network”)).
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Permitted Unavailability means an occurrence of an Approved Outage or a Forced Outage which results in the Unit(s) being rendered unavailable to supply the TMR Services.
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Permitted Unavailability includes Planned Outages (as defined below) and any unavailability due to causes beyond the reasonable control of Contractor, including, without limitation: any software, hardware, or telecommunication failures; interruption or failure of telecommunication or digital transmission links; Internet slow- downs or failures; failures or default of third party software, vendors, or products; and unavailability resulting from the actions or inactions of Client or a failure of Client’s communications link or systems. “Planned Outages” means the period during which Contractor conducts standard systems maintenance. Contractor shall use reasonable efforts to schedule Planned Outages during non-peak hours. In the event Contractor fails to achieve the Availability Requirement, Contractor shall use commercially reasonable efforts to correct the interruption as promptly as practicable. In the event Contractor fails to achieve the Availability Requirement in three consecutive months during the term of this Agreement, Client may terminate this Agreement without further obligation and receive a prorated refund of any pre-paid, unused recurring fees. Such refund shall constitute Client’s sole and exclusive remedy and Contractor’s sole and exclusive liability for failure to achieve the Availability Requirement.
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Permitted Unavailability means Planned Outages (as defined below) and any unavailability due to causes beyond Liscio’s reasonable control, including, without limitation: any software, hardware, or telecommunication failures; interruption or failure of telecommunication or digital transmission links; Internet slow-downs or failures; failures or default of third party software, vendors, or products; and unavailability resulting from Subscriber’s actions or omissions or a failure of Subscriber’s communications link or systems. “Planned Outages” means the period of time during which we conduct standard systems maintenance and any instances requiring emergency maintenance. Liscio will use reasonable efforts to schedule Planned Outages during non-peak hours. If Liscio fails to achieve the Availability Requirement, Liscio will use commercially reasonable efforts to correct the interruption as promptly as practicable. If Liscio fails to achieve the Availability Requirement in two consecutive months during the Subscription Term, Subscriber may terminate this Agreement upon delivery of written notice to Liscio without further obligation and receive a prorated refund of any pre-paid, unused recurring fees. The refund is Subscriber’s sole and exclusive remedy and our sole and exclusive liability for failure to achieve the Availability Requirement.
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Permitted Unavailability includes Planned Outages (as defined below) and any unavailability due to causes beyond the reasonable control of CCH, including, without limitation: any software, hardware, or telecommunication failures;
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Related to Permitted Unavailability

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

  • 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;

  • Unsuitable for Its Permitted Use means, with respect to any Facility, a state or condition of such Facility such that (a) following any damage or destruction involving a Facility, (i) such Facility cannot be operated on a commercially practicable basis for its Permitted Use and it cannot reasonably be expected to be restored to substantially the same condition as existed immediately before such damage or destruction, and as otherwise required by Section 10.2.4, within twelve (12) months following such damage or destruction or such longer period of time as to which business interruption insurance is available to cover Rent and other costs related to the applicable Property following such damage or destruction, (ii) the damage or destruction, if uninsured, exceeds $1,000,000 or (iii) the cost of such restoration exceeds ten percent (10%) of the fair market value of such Property immediately prior to such damage or destruction, or (b) as the result of a partial taking by Condemnation, such Facility cannot be operated, in the good faith judgment of Tenant, on a commercially practicable basis for its Permitted Use.

  • 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.

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

  • 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.

  • System Availability for each System is calculated as follows:

  • 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.

  • Permitted Distributions means the following Distributions:

  • Permitted Facility means a facility authorized by the general permit to discharge total nitrogen or

  • Non-Availability Charges has the meaning set forth in the CAISO Tariff.

  • Permitted Uses shall have the meaning set forth in Section 7.1.2.

  • Permitted Distribution means any of the following:

  • Permitted Disposal means any sale, lease, licence, transfer or other disposal:

  • Permitted Dispositions means each of the following:

  • Weather Normalized Site EUI means the amount of Energy that would have been used by a property under 30-year average temperatures, accounting for the difference between average temperatures and yearly fluctuations.

  • Permitted Amount means, on any date, an amount equal to 3.5 times Adjusted EBITDA as of the most recent fiscal quarter for which financial statements of the Company are internally available immediately preceding such date.

  • Credit Available for Virtual Transactions means the Market Participant’s Working Credit Limit for Virtual Transactions calculated on its credit provided in compliance with its Peak Market Activity requirement plus available credit submitted above that amount, less any unpaid billed and unbilled amounts owed to PJMSettlement, plus any unpaid unbilled amounts owed by PJMSettlement to the Market Participant, less any applicable credit required for Minimum Participation Requirements, FTRs, RPM activity, or other credit requirement determinants as defined in Tariff, Attachment Q.

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

  • 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.

  • Availability Block means $15,000,000.

  • 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.

  • Permitted Discretion means a determination made in good faith and in the exercise of reasonable (from the perspective of a secured asset-based lender) business judgment.

  • Permitted Disposition means any of the following:

  • Usable marijuana means the dried leaves and flowers of marijuana, and any mixture or preparation thereof, and does not include the seeds, stalks, and roots of the plant.

  • Available Flowgate Capability or “AFC” shall mean the rating of the applicable Flowgate less the projected loading across the applicable Flowgate less TRM and CBM. The firm AFC is calculated with only the appropriate Firm Transmission Service reservations (or interchange schedules) in the model, including recognition of all roll-over Transmission Service rights. Non- firm AFC is determined with appropriate firm and non-firm reservations (or interchange schedules) modeled.