Service Level Exclusions Clause Samples

Service Level Exclusions. In no event will Medidata be responsible for failure to meet the foregoing service levels for the following reasons: (i) events of force majeure, as set forth in the Agreement, (ii) Customer’s breach of the Agreement or failure to perform its responsibilities in a timely manner, (iii) willful misconduct of Customer, (iv) causes under the control of Customer, and (v) failure of any third party telecommunications carrier.

Service Level Exclusions. THE SERVICE LEVEL PROVISIONS SET FORTH HEREIN DO NOT APPLY TO ANY PERFORMANCE ISSUES (A) CAUSED BY FACTORS OUTSIDE OF RICHRELEVANCE’S REASONABLE CONTROL; (B) THAT RESULTED FROM ANY ACTIONS OR INACTIONS OF PARTNER OR ANY THIRD PARTIES; OR (C) THAT RESULTED FROM PARTNER’S EQUIPMENT AND/OR THIRD PARTY EQUIPMENT. THE SERVICE CREDITS PROVIDED HEREIN STATE PARTNER’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY RICHRELEVANCE TO MEET THE STANDARDS SET FORTH IN THIS SUPPORT ADDENDUM.

Service Level Exclusions. The target response times shall not apply if a Force Majeure event occurs, in cases of Customer user error or in cases of the Customer seeking guidance.

Service Level Exclusions. The parties agree that the Service Levels shall not apply if one or more of the following exists: (a) Suspension of the Service to carry out planned or routine maintenance. (b) Adverse impact on Up Times or Response Times due to the malfunction of Customer-owned or controlled firewalls, networks, or connectivity. (c) Adverse impact on Up Times or Response Times due to a Force Majeure event(s)

Service Level Exclusions. THE SERVICE LEVEL AGREEMENT DOES NOT APPLY TO ANY SERVICE (S) THAT EXPRESSLY EXCLUDE THIS SERVICE LEVEL AGREEMENT AND ANY PERFORMANCE ISSUES (1) CAUSED BY FACTORS OUTSIDE OF AMPLIFIED'S REASONABLE CONTROL, INCLUDING ANY THIRD PARTIES ACTING ON AMPLIFIED'S BEHALF; (2) THAT RESULTED FROM ANY ACTIONS OR INACTIONS OF CUSTOMER OR ANY THIRD PARTIES; OR(3) THAT RESULTED FROM CUSTOMER'S EQUIPMENT AND/OR THIRD PARTY EQUIPMENT (NOT WITHIN THE PRIMARY CONTROL OF AMPLIFIED). THIS SERVICE LEVEL AGREEMENT STATES CUSTOMER'SSOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY AMPLIFIED TO PROVIDE SERVICE(S). EXHIBIT F SOURCE CODE ESCROW FEES CNP Beneficiary Description Total Fees Fees ----------- ----- ---- ----------- First Year $***** $***** $***** Renewal Years $*****/year $*****/year $*****/year Each Additional Beneficiary $*****/each $***** $***** Unlimited deposit updates/replacements + one additional storage unit $*****/year $*****/year $*****/year Custom Agreements See Note 1 *****% *****% Release filing fee See Note 2 *****% *****% Notes: 1. A $***** annual customization fee will be added when contract changes increase DSI's risk or modify our release, termination or update processes. 2. Direct expenses in excess of $***** will be chargeable. Any discounts granted by DSI Technology Escrow Services shall be applied equally between CNP and Customer. [*] Confidential information has been omitted and separately filed with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. CNP, INC. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Agreement Number: _______ Date: __________ Customer Name: ARTISTdirect, Inc. Address: ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, ▇▇▇: ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ THIS PROFESSIONAL SERVICES AGREEMENT ("PROFESSIONAL SERVICES AGREEMENT") is between CNP, INC. ("CNP") and the undersigned CUSTOMER whereby CNP will provide professional services to be performed in accordance with the Master Agreement and the terms and provisions below.

Service Level Exclusions. In addition to the exclusions as set out under in section 5.1 , Service Levels will not apply where the unavailability of the Services is due to: Failure to meet the Service Levels is not a material breach of the terms governing the Service. The Service Credits are the Customer’s sole and exclusive remedy and BT’s only obligation and liability for failure to achieve any Service Levels. The Customer acknowledges that the amounts payable by BT are fair and reasonable and, so far as it is aware, represent a genuine pre-estimate of any resulting loss or expense to the Customer.

Service Level Exclusions. THE SERVICE LEVEL AGREEMENT DOES NOT APPLY TO ANY SERVICE(S) THAT EXPRESSLY EXCLUDE THIS SERVICE LEVEL AGREEMENT (AS STATED IN THE SPECIFICATION SHEETS FOR SUCH SERVICES) AND ANY PERFORMANCE ISSUES (I) CAUSED BY FACTORS OUTSIDE OF FASTECH’ REASONABLE CONTROL; (II) THAT RESULTED FROM ANY ACTIONS OR INACTIONS OF PRESCIENT OR ANY THIRD PARTIES; OR (III) THAT RESULTED FROM PRESCIENT’S EQUIPMENT AND/OR THIRD PARTY EQUIPMENT (NOT WITHIN THE PRIMARY CONTROL OF FASTECH). THIS SERVICE LEVEL AGREEMENT STATES PRESCIENT’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY FASTECH TO PROVIDE SERVICE(S).

Service Level Exclusions. Itron shall not be liable for failing to meet any service level commitment set forth in this Addendum (including any Special Terms and Conditions) or any Order Document to the extent such failure is attributable to any one or more of the following: (a) planned maintenance, unplanned maintenance, or scheduled upgrades; (b) an event triggering a disaster recovery and for a twenty-four (24) hour period after the resumption of service following such an event to allow the system to return to normal operating ranges; (c) suspension or restriction of service under Section 11 (“Suspension or Restriction of Service”) of this Addendum; and (d) conditions beyond Itron’s reasonable control, including but not limited to (i) unavailability of Customer or third party wireless services between the Service Offering and the Endpoints ; (iii) failures in external Internet or VPN configurations not managed by Itron; (iv) a Force Majeure event; (v) false reports of unavailability as a result of outages or errors of any Itron measurement system; (vi) an act or omission of Customer or third parties (other than Itron’s contractors, subcontractors or suppliers), including security incidents caused by such act or omission; (vii) incident investigation or computer failures that could not reasonable have been prevented by Itron; (viii) failures of third-party equipment, hardware, software, or services not provided by Itron; and

Service Level Exclusions. Service Levels and Service Level Credits apply only to Client and not to any customers of Client or to any other party. Client is not entitled to any Service Level Credit if (a) Client has not paid all fees when due, (b) Client is otherwisein breach of the Service Contract, (c) Client has failed to provide DragonTek with appropriate access or otherwise interfered with DragonTek’s ability to provide the Services, or (d) a failure to meet Service Levels is attributable to one of the following