Scheduled and Emergency Maintenance. Instinet shall conduct routine scheduled maintenance of the Data Center according to the annual maintenance schedule for the Data Center, which shall be provided to Subscriber prior to or on the Effective Date. In the event of any change to the routine scheduled maintenance, Instinet shall notify Subscriber thereof no less than five (5) days prior to the revised date for such scheduled maintenance. In the event that an urgent, mission-critical maintenance situation arises, Instinet shall immediately notify Subscriber if it will affect any portion of the Subscriber Cabinet or any of the Subscriber Systems. Any such emergency maintenance, not caused by the actions or omissions of Instinet, shall not constitute a breach of this Agreement. During such scheduled and emergency maintenance periods, Instinet shall use its commercially reasonable efforts to minimize interruption to performance of the Services. Subscriber agrees to reasonably cooperate with Instinet during scheduled and emergency maintenance periods.
Appears in 2 contracts
Sources: Co Location Agreement, Co Location Agreement (Instinet Group Inc)