Availability and maintenance Clause Samples

Availability and maintenance. (a) In the period beginning with the Commencement Date and ending on the Availability Date the Contractor must ensure that the RWS Infrastructure: (i) consists of the Traffic Lanes as defined in Table 1 of Schedule 2, Schedule 1 (Traffic Lane Definitions, Category-A Requirements and Category-B Requirements in the Development Phase); (ii) at least consists of the objects listed in respect of this period in Schedule 9, Part 1, paragraph 2.1 (RWS Infrastructure Objects); and (iii) is maintained in accordance with the Category A Requirements applicable to this period and the Category B Requirements. [If the Contractor wishes that a part of the RWS Infrastructure created after the Commencement Date is made available for public traffic prior to the Availability Date, the Contractor must demonstrate that, on the date of submitting the request for opening to the corresponding authorities, the relevant portion of the RWS Infrastructure meets the relevant Opening Requirements as well as the Category A and Category B requirements in effect during the period beginning on the Availability Date and ending on the Completion Date.] (b) In the period beginning on the day after the Availability Date and ending on the Completion Date the Contractor must ensure that the RWS Infrastructure: (i) consists of the Traffic Lanes as defined in Table 1 of Schedule 2, Schedule 2 (Traffic Lane Definitions, Category-A Requirements and Category-B Requirements in the Operational Phase); (ii) at least consists of the objects listed in respect of this period in Schedule 9, Part 1, paragraph 2.1 (RWS Infrastructure Objects); and (iii) is maintained in accordance with the Category A Requirements applicable to this period and the Category B Requirements. (c) In the period beginning on the day after the Completion Date and ending on the Expiry Date the Contractor must ensure that the RWS Infrastructure: (i) consists of the Traffic Lanes as defined in Table 1 of Schedule 2, Schedule 2 (Traffic Lane Definitions, Category-A Requirements and Category-B Requirements in the Operational Phase); (ii) at least consists of the objects listed in respect of this period in Schedule 9, Part 1, paragraph 2.1 (RWS Infrastructure Objects); and (iii) is maintained in accordance with the Category A Requirements applicable to this period and the Category B Requirements.

Availability and maintenance. D.2.1 If no SLA (Service Level Agreement) has been agreed between the parties, the following provisions apply.

Availability and maintenance. 7.1. Kamernet commits to make the Service available, but does not guarantee any uninterrupted availability. 7.2. Kamernet actively maintains the service. Maintenance can take place at any moment, even if this might lead to a limitation of availability. Maintenance is announced in advance, where possible. 7.3. From time to time, ▇▇▇▇▇▇▇▇ is allowed to adjust the functionality of the Services. In this, User feedback and suggestions are welcome, but in the end, ▇▇▇▇▇▇▇▇ will decide what adjustments to implement. Kamernet has the right to apply these changes without any prior notification.

Availability and maintenance. 5.1. Staxxer endeavours to make the Software available at all times but does not issue any guarantees concerning specific percentages of availability or quality. As such, the Software is made available on an “as is” and “as available” basis. 5.2. From time to time Staxxer shall issue updates that can correct errors or improve the functioning of the Software. 6.1. Staxxer is responsible for the implementation of the Software. If the End User’s cooperation is required for the implementation, the End User will provide such cooperation. Staxxer will (i) assess each End User’s needs via telephone or in person, (ii) recommend the appropriate settings to develop own business applications to End User based upon End User’s needs, (iii) providing demonstrations and (iv) offering support as set out in article 6.2. 6.2. Staxxer will provide a reasonable level of support via the contact option made available by Staxxer. However, Staxxer does not guarantee that all problems or requests made by the End User will be addressed. 6.3. Staxxer will respond to complaints about the Software as soon as possible, but no later than fourteen (14) days after receipt.

Availability and maintenance. D.2.1. If an SLA (Service Level Agreement) has not been concluded between the parties, the following provisions apply. D.2.2. Dyflexis aims to ensure that the Service is available; however, it does not guarantee uninterrupted availability. D.2.3. Dyflexis actively maintains the Service. Maintenance can take place at every moment, also when this could lead to limited availability. However, Dyflexis will make an effort to carry out the maintenance during times that minimal use is made of the Service. Maintenance will be announced in advance in as far as possible.

Availability and maintenance. 7.1 Homerun shall use commercially reasonable efforts to make the SaaS available twenty-four (24) hours a day, unless the access to the SaaS must be suspended due to maintenance of the SaaS or the systems of Homerun or of a third party appointed by Homerun. You agree that Homerun in no way warrants a certain level of availability. 7.2 The Service is provided to you as-is. Homerun has no obligation to modify or add functionalities to the Service. However, Homerun may make new applications, tools, features or functionalities available for the Service from time to time, the use of which may be contingent upon Customer’s agreement to additional terms. 7.3 Homerun may make commercially reasonable updates to the SaaS and may modify the functionality or features of the Service at any time, provided that such updates and modifications do not materially denigrate the functionality of the Service. Homerun will not be liable to Customer or any third-party for any such update or modification. 7.4 It may be necessary for Homerun to perform scheduled or unscheduled repairs or maintenance, or patch or upgrade the Service, which may temporarily degrade the quality of the Service or result in a partial or complete outage of the Service. Although Homerun cannot guarantee that Customer will receive advance notice of repairs or maintenance, Homerun will endeavor to provide reasonable notice of scheduled repairs and maintenance. 7.5 Homerun may suspend all or part of the Services or the access to or use of personal data stored in the Service (i) if Customer is delinquent on payment obligations for 12 (twelve) days or more; or (ii) upon receipt of a subpoena or law-enforcement request; or (iii) when Homerun has a commercially reasonable belief that Customer has breached this Agreement or that Customer’s use of the Service poses an imminent security risk or may subject Homerun to liability. Homerun will use commercially reasonable efforts to give Customer at least 72 (seventy-two) hours’ notice of a suspension unless Homerun determines in its commercially reasonable judgment that a suspension on shorter or contemporaneous notice is necessary to protect Homerun. Customer shall not set off or suspend any payment. If as a Customer you have problems accessing or using the Service, you can reach the Support department of Homerun by chat or email during office hours in CET through https:// ▇▇▇.▇▇▇▇▇▇▇.▇▇/▇▇▇▇▇▇▇. We will respond to you within a reasonable time and will use our best ef...

Availability and maintenance. 6.1. All services are provided without warranty of any kind, either express or implied. The Company strives to provide you with the constant Service but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information. However, the Company guarantees 90% uptime of the App. 6.2. The Company will use reasonable endeavours to ensure that you can access the Platform in accordance with these Terms. We may suspend use of the Platform for maintenance and will make reasonable efforts to give you a prior notice. 6.3. The Company ensures the agreed operation of the App and will notify the User in the shortest possible time in the event of outages on the part of the Company. If the User is not informed of any errors on the App by the Company, it is considered that the Company is not aware of the malfunction. In case of errors or malfunctions the User must report the error to the Company via the communication interface on the App or by e-mail: ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ if the communication interface does not work. Depending on the severity of the error, the Company shall start resolving the in response time, as follows: • Urgent - The App does not work - 4 hours • Medium - The App works partially, most functionalities cannot be used - 24 hours • Low – the App works with interference, errors do not jeopardize normal use - 5 days 6.4. If the User does not provide all the necessary information for the successful resolution of the error, the Company shall notify the User of the missing information. The response time starts from the acquisition of all necessary information by the Client. The User will ensure a suitable environment (in accordance with the Company's instructions) for the appropriate elimination of errors within the response time and the participation of the necessary staff, who must participate in the error elimination process. The User will also answer any questions on an ongoing basis and participate in the review of the results for the appropriate elimination of errors. 6.5. After the response time, the Company will start to rectify the error in accordance with the standards of a good expert and try to eliminate the error as soon as possible. In case of unsuitability of the solution, the Company will resume the elimination of the error or offer an alternative solution that does not change the key features of the functionality on the App.

Availability and maintenance. 7.1. Streetwise 24 commits to make the Service available, but does not guarantee any uninterrupted availability. 7.2. Streetwise 24 actively maintains the service. Maintenance can take place at any moment, even if this might lead to a limitation of availability. Maintenance is announced inadvance, where possible. 7.3. From time to time, Streetwise 24 is allowed to adjust the functionality of the Services. Inthis, User feedback and suggestions are welcome, but in the end, Streetwise 24 will decide what adjustments to implement. Streetwise 24 has the right to apply these changes without any prior notification.

Availability and maintenance. 12.1. The Ecosystem Platform and the Database shall be hosted, maintained, and managed by ▇▇▇▇▇▇▇▇.▇▇. We shall ensure that the Ecosystem Platform is available for use for the entire duration of the Agreement. We shall do our best to keep the Ecosystem Platform up and running 24 hours a day, 7 days a week. 12.2. We are responsible for the functioning and maintenance of the Ecosystem Platform. This includes daily backups of the Database and the immediate remedy of critical bugs or other material defects. Critical bugs mean that the Ecosystem Platform (frontend or backend) cannot be used until the problem has been solved. All other defects shall be remedied within a reasonable period after notification or discovery of the defect, at the latest within the next product release. During maintenance, the Ecosystem Platform may be unavailable. Maintenance will, as a matter of principle and on a best effort basis, not take place during office hours. 12.3. Our technical support team is available on weekdays, excluding Dutch national holidays, from