Uptime Commitment definition

Uptime Commitment means, as calculated by Xxxxx in good faith, the Portal is available for at least 99% of the time in each calendar quarter during the Warranty Period excluding downtime arising from any Warranty Exclusions. The “Warranty Period” means with respect to the Device one (1) year from the date the original purchaser takes delivery of the Device; with respect to the Software five (5) years from the date the original purchaser takes delivery of the Device; with respect to the Portal, the longer of (a) one (1) year from the date the original purchaser takes delivery of the Device or (b) the period of time during which You maintain a paid subscription to the Portal; and with respect to Advanced Analytics, the longer of (a) one (1) year from the date the original purchaser takes delivery of the Device or (b) the period of time during which You maintain a paid subscription to Advanced Analytics. The Limited Warranty does not apply to any issues, including any non-conformity, downtime or unavailability, arising from the following: (i) use of the Software, Portal, Advanced Analytics, or Device in a manner inconsistent with this License Agreement or the Documentation, including any suspension by Xxxxx of Your access; (ii) use of the Software, Portal, Advanced Analytics, or Device for a purpose other its intended purpose; (iii) Your breach of this License Agreement or applicable laws; (iv) any third party equipment, software, or components; (v) any actions of a third party; (vii) any routine or emergency maintenance or other scheduled downtime; (viii) a Force Majeure Event (as defined in Section 21 below); (ix) any acts or omissions of You or Your representatives; or (x) Your equipment, software, or other technology or services (collectively, the “Warranty Exclusions”). To report any issues under the Limited Warranty, You must submit a warranty request, including reasonable documentation of each issue, by email to xxxxxxxxxxxxxxx@xxxxxxx.xxx for an issue with any Discover Advanced Mobile Leak Detection device and related Software and xxxx@xxxxxxx.xxx for the sale of any other Heath-branded equipment or device and related Software within the (10) days of the occurrence of each issue. After receipt of such report, Xxxxx will promptly investigate such report and make commercially reasonable efforts to verify the issue and, if appropriate, make commercially reasonable efforts to correct verified defects or provide a work-around and/or provide the applicable service credit, as...
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Uptime Commitment has the meaning set forth in Section 7.1 (Service Levels).
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Uptime Commitment means the provision of the Services with an Uptime Percentage of at least 99.5%.
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Examples of Uptime Commitment in a sentence

  • This is Customer’s sole remedy for ESO’s breach of the Uptime Commitment.

  • OCLC will use commercially reasonable efforts to ensure that the Systems are available 99.5% of the time (the "Uptime Commitment").

  • Failure to achieve the Uptime Commitment shall result in the Service Credit Percentage applicable to each Product, subject to a maximum cumulative Service Credit Percentage of 33% of total Quarterly Fees (regardless of the number of individual service failures in the applicable month).

  • OCLC will notify Institution promptly of any factor, occurrence, or event coming to its attention likely to affect OCLC's ability to meet the Uptime Commitment, or that is likely to cause any material interruption or disruption in the Systems.

  • Credits must be requested by Client, within thirty (30) days of the end of the month in which the Uptime Commitment was not met.

  • The remedies set forth in this Section are Customer’s sole and exclusive remedies for any breach of the Uptime Commitment.

  • For details of HubSpot’s Service Uptime Commitment, please see the Product Specific Terms.

  • To be eligible for the Uptime Commitment, Customer must maintain a performance log that includes data required to calculate Downtime.

  • The failure to meet the Uptime Commitment must be verified by Xxxxxx’x diagnostic monitoring tools.

  • If Trimble does not meet the Uptime Commitment in a month during the Term (“Outage”), Customer may apply for a service credit proportional to the percentage of time that the Product did not meet the Uptime Commitment during that month and based on the applicable Fees for the affected Product during that month, excluding Taxes (“Service Credit”).


More Definitions of Uptime Commitment

Uptime Commitment means AVEVA’s Uptime commitment for the Cloud Services as set out in herein.
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Uptime Commitment means anAnnual Uptime Percentage of at least 99.9%. “Measured Period” means the total number of minutes in a calendar year. “Unavailable/Unavailability” refers to a period of timeduring which the vast majority of Customer’s Userscannot login or access the Service platformor connect to internal resources due to the unavailability of the Perimeter 81 services, for a consecutive period of ten minutes or more.
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Related to Uptime Commitment

  • Volume Commitment means the volume of NGLs that a Committed Shipper has guaranteed to ship on the Pipeline pursuant to its TSA.

  • Real-Time Commitment means NYISO’s multi-period security constrained unit commitment and dispatch model, as defined in the NYISO Tariffs.

  • Minimum Commitment means any minimum commitment of time and usage for use of the Services by You during the Term of this Agreement.

  • Facility A Commitment means, with respect to each Facility A Lender, the commitment, if any, of such Lender to make Facility A Revolving Loans and to acquire participations in Facility A Letters of Credit, Facility A Protective Advances and Facility A Swingline Loans, expressed as an amount representing the maximum possible aggregate amount of such Lender’s Facility A Revolving Exposure hereunder, as such commitment may be reduced or increased from time to time pursuant to (a) Section 2.09 and (b) assignments by or to such Lender pursuant to Section 9.04. The initial amount of each Lender’s Facility A Commitment is set forth on the Commitment Schedule, or in the Assignment and Assumption pursuant to which such Lender shall have assumed its Facility A Commitment, as applicable. The initial aggregate amount of the Lenders’ Facility A Commitments is $150,000,000.

  • Total Revolving Commitment means the sum of the Revolving Commitments of the Lenders as the same may be decreased or increased pursuant to the terms of this Agreement. As of the Closing Date, the amount of the Total Revolving Commitment is $250,000,000.

  • Unused Total Revolving Commitment means, at any time, the excess of (i) the Total Revolving Commitment at such time over (ii) the Aggregate Revolving Facility Exposure at such time.

  • L/C Commitment means the commitment of the Issuing Bank to issue Letters of Credit pursuant to Section 2.23.

  • Group Commitment means with respect to any Purchaser Group the aggregate of the Commitments of each Purchaser within such Purchaser Group.

  • Extended Revolving Commitment shall have the meaning assigned to such term in Section 2.19(a).

  • Total Utilization of Revolving Commitments means, as at any date of determination, the sum of (i) the aggregate principal amount of all outstanding Revolving Loans (other than Revolving Loans made for the purpose of repaying any Refunded Swing Line Loans or reimbursing Issuing Bank for any amount drawn under any Letter of Credit, but not yet so applied), (ii) the aggregate principal amount of all outstanding Swing Line Loans, and (iii) the Letter of Credit Usage.

  • U.S. Commitment means, with respect to each U.S. Lender, the commitment, if any, of such U.S. Lender to make U.S. Revolving Loans and to acquire participations in U.S. Letters of Credit, U.S. Overadvances and U.S. Swingline Loans hereunder, expressed as an amount representing the maximum possible aggregate amount of such U.S. Lender’s U.S. Revolving Exposure hereunder, as such commitment may be reduced or increased from time to time pursuant to (a) Section 2.09 and (b) assignments by or to such U.S. Lender pursuant to Section 9.04. The initial amount of each U.S. Lender’s U.S. Commitment is set forth on the Revolving Commitment Schedule, or in the Assignment and Assumption pursuant to which such U.S. Lender shall have assumed its U.S. Commitment, as applicable. The U.S. Commitment is a sub-facility of the Revolving Commitment and is not in addition to the Revolving Commitment.

  • Available Commitment means a Lender’s Commitment minus:

  • U.S. Revolving Commitment means the commitment of a Lender to make or otherwise fund any U.S. Revolving Loan and to acquire participations in U.S. Letters of Credit and Swing Line Loans hereunder and “U.S. Revolving Commitments” means such commitments of all Lenders in the aggregate. The amount of each Lender’s U.S. Revolving Commitment, if any, is set forth on Schedule 1.01(c) or in the applicable Assignment Agreement or Joinder Agreement, as applicable, subject to any adjustment or reduction pursuant to the terms and conditions hereof. The aggregate amount of the U.S. Revolving Commitments as of the Restatement Date is $265,000,000.

  • Revolving Commitment means, as to each Lender, its obligation to (a) make Revolving Loans to the Borrower pursuant to Section 2.01, (b) purchase participations in L/C Obligations and (c) purchase participations in Swing Line Loans, in an aggregate principal amount at any one time outstanding not to exceed the amount set forth opposite such Lender’s name on Schedule 2.01 or in the Assignment and Assumption pursuant to which such Lender becomes a party hereto, as applicable, as such amount may be adjusted from time to time in accordance with this Agreement.

  • Unused Revolving Commitment means, for any Lender at any time, the excess of (i) such Lender’s Revolving Commitment at such time over (ii) such Lender’s Revolving Facility Exposure at such time.

  • Maximum Commitment means initially the amount specified in item 4 on Schedule A, as such amount may be reduced from time to time in accordance with Section 2.04(a).

  • Facility B Commitment means, with respect to each Facility B Lender, the commitment, if any, of such Lender to make Facility B Revolving Loans and to acquire participations in Facility B Letters of Credit, Facility B Protective Advances and Facility B Swingline Loans, expressed as an amount representing the maximum possible aggregate amount of such Lender’s Facility B Revolving Exposure hereunder, as such commitment may be reduced or increased from time to time pursuant to (a) Section 2.09 and (b) assignments by or to such Lender pursuant to Section 9.04. The initial amount of each Lender’s Facility B Commitment is set forth on the Commitment Schedule, or in the Assignment and Assumption pursuant to which such Lender shall have assumed its Facility B Commitment, as applicable. The initial aggregate amount of the Lenders’ Facility B Commitments is $200,000,000.

  • Ancillary Commitment means, in relation to an Ancillary Lender and an Ancillary Facility, the maximum Base Currency Amount which that Ancillary Lender has agreed (whether or not subject to satisfaction of conditions precedent) to make available from time to time under an Ancillary Facility and which has been authorised as such under Clause 7 (Ancillary Facilities), to the extent that amount is not cancelled or reduced under this Agreement or the Ancillary Documents relating to that Ancillary Facility.

  • Dollar Commitment means, with respect to each Dollar Lender, the commitment of such Dollar Lender to make Syndicated Loans, and to acquire participations in Letters of Credit and Swingline Loans, denominated in Dollars hereunder, expressed as an amount representing the maximum aggregate amount of such Lender’s Revolving Dollar Credit Exposure hereunder, as such commitment may be (a) reduced from time to time pursuant to Section 2.08 and (b) reduced or increased from time to time pursuant to assignments by or to such Lender pursuant to Section 9.04. The amount of each Lender’s Dollar Commitment as of the Fourth Amendment Effective Date is set forth on Schedule 1.01(b), or in the Assignment and Assumption pursuant to which such Lender shall have assumed its Dollar Commitment, as applicable. The aggregate amount of the Lenders’ Dollar Commitments as of the Fourth Amendment Effective Date is $76,250,000.

  • Aggregate Revolving Commitment means the aggregate of the Revolving Commitments of all of the Revolving Lenders, as reduced or increased from time to time pursuant to the terms and conditions hereof. As of the Effective Date, the Aggregate Revolving Commitment is $1,000,000,000.

  • Applicable Commitment Percentage means, with respect to each Lender at any time, a fraction, the numerator of which shall be such Lender's Revolving Credit Commitment and the denominator of which shall be the Total Revolving Credit Commitment, which Applicable Commitment Percentage for each Lender as of the Closing Date is as set forth in Exhibit A; provided that the Applicable Commitment Percentage of each Lender shall be increased or decreased to reflect any assignments to or by such Lender effected in accordance with Section 11.1.

  • Maximum Available Commitment means, subject to the proviso contained in the third sentence of Section 2.02(a), at any time of determination, (a) the Maximum Commitment at such time less (b) the aggregate amount of each Interest Advance outstanding at such time; provided that following a Provider Advance or a Final Advance, the Maximum Available Commitment shall be zero.

  • Total Commitment means, at any time, the sum of the Commitments of each of the Lenders at such time.

  • Commitment Utilization Percentage means on any day the percentage equivalent to a fraction (a) the numerator of which is the aggregate outstanding principal amount of Revolving Credit Loans, including the aggregate outstanding principal amount of Letters of Credit, Swingline Loans and Competitive Loans, and (b) the denominator of which is the Total Commitment (or, on any day after termination of the Commitments, the Total Commitment in effect immediately preceding such termination).

  • Delayed Draw Commitment as defined in the Second Amended and Restated Credit Agreement.

  • Undrawn Commitment means, with respect to any Revolving Lender at any time, an amount (which may not be less than zero) equal to (i) such Lender’s Revolving Commitment at such time minus (ii) the aggregate outstanding principal amount of Revolving Loans held by such Revolving Lender at such time.