STANDARDS OF SYSTEM PERFORMANCE Clause Samples

STANDARDS OF SYSTEM PERFORMANCE. 17 A. The System must perform at COUNTY acceptable and reasonable performance levels of the 18 core application, consistent with that of other CONTRACTOR clients using similar functionality as 19 measured and benchmarked through CONTRACTOR provided tools. . The parties agree that System 20 performance is a joint responsibility of COUNTY and CONTRACTOR to the extent under control by 21 each party. CONTRACTOR agrees to provide Support and Maintenance services in accordance with 22 the applicable terms set forth under the agreement for “Maintenance and Support Services” executed 23 between the parties. 24 B. CONTRACTOR agrees that it will not knowingly commit to any new project in such a manner 25 as it would materially interfere with the scheduling or delivery of the products or services to COUNTY 26 as detailed and set forth herein. 27 C. PROJECT SCHEDULE
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STANDARDS OF SYSTEM PERFORMANCE. 12 The system must perform at COUNTY acceptable performance levels. The system shall perform in 13 a manner that will not impede or significantly impact the performance of routine and normal system- 14 related operational tasks, as well as efficiently perform certain critical processes that are executed at the 15 server level; and will function in a consistent and dependable manner, recognizing that the County 16 operates in a demanding twenty four (24) hours a day, seven (7) days a week production environment 17 and that high-availability is critical. The parties agree that system performance is a joint responsibility 18 of COUNTY and CONTRACTOR; CONTRACTOR’s responsibilities for system performance are to 19 provide Support and Maintenance services for the system (including the Licensed Software) as 20 specifically set forth herein. It is the intent of the COUNTY and CONTRACTOR during the upcoming 21 term of this Agreement that specific and meaningful benchmarks will be determined and agreed upon for 22 monitoring application response times and other performance-related quantitative measurements, and 23 will be used to continually assess and evaluate the effectiveness and quality of the configuration and the 24 application in place. CONTRACTOR agrees to provide Support, as set forth in this Agreement, to assist 25 COUNTY’s achievement of these goals.
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STANDARDS OF SYSTEM PERFORMANCE. 26 A. The system System must perform at COUNTY acceptable performance levels. The 27 systemDuring the period between First Productive Use and until the time COUNTY is on Support 28 under the separate agreement for “Maintenance and Software Support Services”, the System shall 29 perform in a manner that will not impede or significantly impact the performance of routine and normal 30 systemSystem-related operational tasks, as well as efficiently perform certain critical processes that are 31 executed at the server level; and will function in a consistent and dependable manner, recognizing that 32 the CountyCOUNTY operates in a demanding twenty four (24) hours a day, seven (7) days a week 33 production environment and that high-availability is critical. The parties agree that systemSystem 34 performance is a joint responsibility of COUNTY and CONTRACTOR; CONTRACTOR’s 35 responsibilities for system performance are to the extent under control by each party. CONTRACTOR 36 agrees to provide Support and Maintenance services for the system (includingin accordance with the 37 Licensed Software) as specificallyapplicable terms set forth herein. It isunder the intent of the 20 of 2014 EXHIBIT A C:\USERS\▇▇▇▇▇▇ ▇▇▇▇▇\DESKTOP\CERNER EHR\EHR FINAL K DOCS\CERNER-EHR-12-16-DD FINAL 9-11-12 (REDLINE).DOCX CER02ADMKK13 HCA ASR 12-000930 Page 58 of 310 1 COUNTYagreement for “Maintenance and CONTRACTOR during the upcoming term of this 2 Agreement that specific and meaningful benchmarks will be determined and agreed upon for monitoring 3 application response times and other performance-related quantitative measurements, and will be used 4 to continually assess and evaluate the effectiveness and quality of the configuration and the application 5 in place. CONTRACTOR agrees to provide Support, as set forth in this Agreement, to assist 6 COUNTY’s achievement of these ▇▇▇▇▇.▇▇▇▇▇▇▇ Services” executed between the parties. 7 B. CONTRACTOR agrees that it will not knowingly commit to any new project in such a manner 8 as it would materially interfere with the scheduling or delivery of the products or services to COUNTY 9 as detailed and set forth herein. 10 C. PROJECT SCHEDULE;
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STANDARDS OF SYSTEM PERFORMANCE. A. The System must perform a t COUNTY a c c e p t a b l e performance l e v e l s from the period of First Productive Use. The System shall: perform in a manner that will not impede or significantly impact the performance of routine and normal System- related operational tasks; perform critical processes that are executed at the server level; and function in a consistent and dependable manner, recognizing that the COUNTY operates in a demanding twenty four (24) hours a day, seven (7) days a week production environment i n w h i c h high-availability is critical. The parties agree that System performance is a joint responsibility of COUNTY and CONTRACTOR to the extent under control by each party. CONTRACTOR agrees to provide Support and Maintenance services in accordance with the applicable terms set forth under during the entire term of the Agreement. B. ▇▇▇▇▇▇▇▇▇▇ agrees that it will not knowingly commit to any new project in such a manner as it would materially interfere with the scheduling or delivery of the products or services to COUNTY as detailed and set forth herein.
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STANDARDS OF SYSTEM PERFORMANCE. The System must perform at COUNTY acceptable performance levels. During the period 34 between First Productive Use and until the time COUNTY is on Support under the separate agreement 35 for “Maintenance and Software Support Services”, the System shall perform in a manner that will not 36 impede or significantly impact the performance of routine and normal System-related operational tasks, 37 perform critical processes that are executed at the server level; and will function in a consistent and 1 dependable manner, recognizing that the COUNTY operates in a demanding twenty four (24) hours a 2 day, seven (7) days a week production environment and that high-availability is critical. The parties 3 agree that System performance is a joint responsibility of COUNTY and CONTRACTOR to the extent 4 under control by each party. CONTRACTOR agrees to provide Support and Maintenance services in 5 accordance with the applicable terms set forth under the agreement for “Maintenance and Support 6 Services” executed between the parties.
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Related to STANDARDS OF SYSTEM PERFORMANCE

  • Standards of Performance The Contractor shall perform the Services hereunder in compliance with all applicable federal, state, and local laws and regulations. The Contractor shall use only licensed personnel to perform Services required by law to be per- formed by such personnel.

  • Standards of Service In connection with the performance of any Services pursuant to this Agreement: 7.1 Number of Employees Contractor warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement. Furthermore, Contractor shall, at its expense, supply all tools, equipment, and other materials necessary to perform the Services contemplated in this Agreement. 7.2 Skill of Employees Contractor warrants that employees shall have sufficient skill, knowledge, and training to perform the Services and that the Services shall be performed in a professional and workmanlike manner.

  • SYSTEM PERFORMANCE REQUIREMENTS Certain functions of the Platform are subject to the service level agreement described in the Agreement. The following additional terms apply to Electronic Communication Services (as defined below). Such terms control in the event of a conflict with the terms of the Agreement. 1. These terms apply only to NCR Voyix’s provision of electronic communication services, such as NCR Voyix Pulse Real Time Text Paging, certain NCR Voyix online ordering functionalities and NCR Voyix Consumer Marketing (collectively, “Communication Services”). The Communication Services may enable you to send communications to your patrons, end-users or other recipients (collectively, “Recipients”), including e-mails, text messages or other electronic messages (collectively, “Communications”). Communications may be routed through wireless or mobile carriers, internet service providers or other communication service providers (each, a “CSP”). 2. You are entirely responsible for your use of the Communication Services, including, but not limited to: (a) proper account setup and configuration settings; (b) obtaining consents or opt-ins from Recipients to receive Communications; (c) compliance with requests to opt-out or unsubscribe from Communications; (d) providing all required disclosures; and (e) use of valid phone numbers, e-mail addresses or other communications identifiers as appropriate for the particular type of Communication. You are responsible for compliance with (i) all laws, rules, regulations and ordinances (including, without limitation, the Telephone Consumer Protection Act, the Federal Trade Commission Act, and the CAN-SPAM Act) and (ii) all industry standards and CSP requirements and policies (including, without limitation, all “S.H.A.F.T” rules and similar standards), in each case, as applicable to your use of the Communication Services or the conduct of your business (collectively, “Applicable Legal Requirements”). You will not use the Communication Services in violation of Applicable Legal Requirements or to engage in any illegal or unethical activity. You are solely responsible for the content and accuracy of your Communications and any products or services offered for sale therein. You will not send any misleading, inaccurate, threatening, libelous, obscene, harassing, or offensive Communication. If NCR Voyix provides images or other materials as part of the Communication Services, you may only use them for your permitted use of the Communication Services. Further, you may not use any third-party or purchased e-mail list(s) in connection with the Communication Services. NCR Voyix may immediately suspend or terminate your use of the Communication Services if you breach any obligation under this Section. You agree to immediately report any violation of this Section to NCR Voyix and provide cooperation, as requested by NCR Voyix, to investigate and/or remedy that violation. You are responsible for any and all charges (including, but not limited to, fees associated with text or email messaging) imposed by your CSP. Message and data rates may apply. Such charges include those from your mobile carrier or other CSP. 3. Communications may not be encrypted, so you should use appropriate care when determining the content of any Communications. Delivery and receipt of Communications may be delayed or impacted by technical or other issues with CSPs or other third parties or due to other reasons outside of NCR Voyix’s control. NCR Voyix will not be liable for any losses or damages arising from the disclosure of any Communication to any third party or the non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, any Communication sent via the Communication Services. 4. You will indemnify, defend and hold harmless NCR Voyix and its affiliates, suppliers, agents and representatives against any and all claims, losses, costs, fines, fees, liabilities or obligations arising from: (a) your use of the Communication Services or the conduct of your business; or (b) your violation of Applicable Legal Requirements. The indemnified parties hereunder are intended third-party beneficiaries of this Section.

  • Performance Standards The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.

  • Software Performance HP warrants that its branded software products will conform materially to their specifications and be free of malware at the time of delivery. HP warranties for software products will begin on the date of delivery and unless otherwise specified in Supporting Material, will last for ninety (90) days. HP does not warrant that the operation of software products will be uninterrupted or error-free or that software products will operate in hardware and software combinations other than as authorized by HP in Supporting Material.