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.

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.

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.

Examples of Permitted Unavailability in a sentence

• 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).

• 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 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).

• We will use com- mercially reasonable efforts to make the Services available for your access and use, as contemplated under this Agreement, an average of at least ninety-nine (99%) of the time during each month during the Term (the “Availability Requirement”), excluding any period of Permitted Unavailability.

• In EAL’s view, a GFO, acting prudently, will have no trouble meeting the already generous response times except in cases where the Facility is incapable of responding, which cases are already adequately covered by Forced Outage, Force Majeure, and Permitted Unavailability provisions.

• 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.

• Code/Addendum: 05.26, S1.01 JustificationThe Arkansas Game and Fish Commission approved the carcass importation restriction in October 2005 as an attempt to decrease Arkansas’s chances of acquiring CWD via infected carcass importation.

• 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.

• Subject to Permitted Unavailability or Forced Outage (to the extent the Facility is subject to Forced Outage), from and after COD, the Generating Facility Owner shall accept each Dispatch Instruction (including the power factor specified by the System Controller such that the power factor shall be within the range specified in Section 4.1(e)(ii)) issued by the System Controller throughout the Term.

• 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.

More Definitions of Permitted Unavailability

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.

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”)).

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;

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.