Common use of Approval of Systems - Uptime Clause in Contracts

Approval of Systems - Uptime. CRI shall disclose the technical and performance specifications of its software and computer systems (including the software and computer systems of others used to conduct the surveys) so that FieldSource may determine their capacity and capability. CRI will maintain uptime of its systems at [****]% at all times when FieldSource is directing Potential Respondents to CRI. FieldSource reserves the right to limit the number of Potential Respondents sent to CRI based on its assessment of the capacity of its software and computer systems. If CRI experiences any downtime or technical difficulties that result in its systems not being able to accept Potential Respondents, collect data, allow Potential Respondents to complete surveys or in any other way prevent Potential Respondents from taking and completing surveys (the "Technical Difficulties"), it shall immediately notify FieldSource so it may cease directing Sample to CRI. In any case where CRI fails to notify FieldSource of any Technical Difficulty within [****] of its occurrence, CRI will be liable for the cost of Sample for the entire duration of the Technical Difficulty by multiplying the number of Potential Respondents who visited CRI's site during the Technical Difficulty by one and one half times the estimated incidence for each study to which they were directed, provided, however, that if the assumed incidence of Potential Respondents for any survey affected by a Technical Difficulty is greater than [****], then FieldSource will charge CRI for Sample delivered at the actual incidence.

Appears in 2 contracts

Sources: Fieldsourcing Agreement (Greenfield Online Inc), Fieldsource Agreement (Greenfield Online Inc)