Availability Guaranty and response time Sample Clauses

Availability Guaranty and response time. (1) Availability is measured in the form of uptime per product / component; defined as the period when the Authorised Users are able to handle and receive transactions with defined functionality and response time. (2) The Service shall have a minimum of 99.9% uptime 24 hours a day, seven days a week, except for notified periods of updating and maintenance. (3) This uptime guarantee does not include loss of access to the Service caused by circumstances beyond ITSL’s control, or loss of access to the Service that is of little or no significance in the Customer’s day-to-day operation. (4) The uptime guarantee from ITSL is limited to products and software produced by ITSL. For uptime complaints regarding products and software supplied by ITSL partners and other third parties the Customer must contact the relevant supplier. List of ITSL Partners may be accessed on the following URL: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇/extension-partner-overview. (5) The Customer will be entitled to rebates in case of deviation from uptime With uptime higher than or equal to 98% but lower than 99.7%, the Customer is entitled to a rebate of 3% of the charges for the product in question per month. • With uptime higher than or equal to 97% but lower than 98%, the rebate is 5% of the charges for the product in question per month. • With uptime higher than or equal to 96% but lower than 97%, the rebate is 7% of the charges for the product in question per month. • With uptime higher than or equal to 95% but less than 96%, the rebate is 10% of the charges for the product in question per month. (6) Availability measured below 95% for more than one month in a row, constitutes material breach and the Customer may choose to terminate the Contract with immediate effect and receive a refund proportionate to the charges of the remaining Service Period. (7) Uptime is measured on a monthly basis. The following formulae shall be used to calculate the potential Monthly Service Credit Payment (MSCP). (MSCP = MSP * SCP). Monthly Service Payment (MSP) is calculated as one twelfth of the annual Service Fee payable in accordance with schedule 1 for each Contract Year. Service Credit Percentage (SCP) is defined within each of the Service Level Tables above. (8) ITSLs objective is to achieve a response time of no more than 2 seconds (server side) for a minimum of 99% of queries. (9) The Customer cannot claim compensations or any other remedies from deviation from the uptime and or response time except for the reb...
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Related to Availability Guaranty and response time

  • No Quantity Guarantees The System Agency makes no guarantee of volume or usage of work under this Grant Agreement. All work requested may be on an irregular and as needed basis throughout the Grant Agreement term.

  • Reliance by Administrative Agent, L/C Issuers and Lenders The Administrative Agent, the L/C Issuers and the Lenders shall be entitled to rely and act upon any notices (including telephonic notices, Loan Notices, Letter of Credit Applications and Swing Line Loan Notices) purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the Administrative Agent, each L/C Issuer, each Lender and the Related Parties of each of them from all losses, costs, expenses and liabilities resulting from the reliance in good faith by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording.

  • Reference to and Effect on the Credit Agreement and the Other Loan Documents (i) On and after the effective date of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement and each reference in the other Loan Documents to the “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby. (ii) Except as specifically amended by this Amendment, the Credit Agreement and the other Loan Documents shall remain in full force and effect and are hereby ratified and confirmed. (iii) The execution, delivery and performance of this Amendment shall not, except as expressly provided herein, constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of Administrative Agent or any Lender under the Credit Agreement or any of the other Loan Documents.

  • Performance Guaranty Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, covenants, terms, conditions and undertakings of Merger Sub under this Agreement in accordance with the terms hereof, including any such obligations, covenants, terms, conditions and undertakings that are required to be performed, discharged or complied with following the Effective Time by the Surviving Corporation.

  • Reference to and Effect on the Credit Agreement and the Loan Documents (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. (b) Each of the Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment, is and shall continue to be in full force and effect and is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.