Technical Performance Clause Samples
The Technical Performance clause sets out the specific technical standards and requirements that a party must meet when delivering goods or services under a contract. It typically details measurable criteria such as quality benchmarks, performance metrics, or compliance with industry standards, and may require regular testing or reporting to demonstrate adherence. By clearly defining these expectations, the clause ensures that deliverables meet the agreed-upon specifications and helps prevent disputes over whether contractual obligations have been fulfilled.
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Technical Performance. The technical performance of the Cable System shall meet or exceed all applicable federal (including, but not limited to, the FCC), State and local technical standards, as they may be amended from time to time, regardless of the transmission technology utilized. The City shall have the full authority permitted by Applicable Law to enforce compliance with these technical standards.
Technical Performance i. MP will design the Affiliated MP Site to support the AOL-client embedded versions of the Microsoft Internet Explorer 4.XX and 5.XX browsers (Windows and Macintosh) and the Netscape Browser 4.XX and make commercially reasonable efforts to support all other AOL browsers listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇."
ii. To the extent MP creates customized pages on the Affiliated MP Site for AOL Members, MP will develop and employ a methodology to detect AOL Members (e.g. examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇. ▇▇▇▇.▇▇▇.▇▇▇)."
iii. MP will periodically review the technical information made available by AOL at ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇.
iv. MP will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. MP is responsible for the manipulation of these parameters in web-based objects so as to allow them to be cached or not cached as outlined in RFC 1945.
v. Prior to releasing material, new functionality or features through the Affiliated MP Site ("New Functionality"), MP will use commercially reasonable efforts to (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any "[***] CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]" new material, new functionality or features through the Affiliated MP Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service
Technical Performance i. ICP will design the ICP Internet Site to support the AOL-Client embedded versions of the Microsoft Internet Explorer 3.XX and 4.XX browsers (Windows and Macintosh), the Netscape Browser 4.XX and make commercially reasonable efforts to support all other AOL browsers listed at: "http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇."
ii. To the extent ICP creates customized pages on the ICP Internet Site for AOL Members, ICP develop and employ a methodology to detect AOL Members (e.g., examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: http://▇▇▇▇▇▇▇▇▇. ▇▇fo.▇▇▇.▇▇▇" ▇▇d referenced under the heading "Browser Detection."
iii. ICP will periodically review the technical information made available by AOL at http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇.
iv. ICP will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. ▇▇P is responsible for the manipulation of these parameters in web based objects so as allow them to be cached or not cached as outlined in RFC 1945.
v. Prior to releasing material, new functionality or features through the ICP Internet Site ("New Functionality"), ICP will use commercially reasonable efforts to either (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any new material, new functionality or features through the ICP Internet Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service.
Technical Performance i. MP will design the Affiliated MP Site to support the Windows version of the Microsoft Internet Explorer 3.0 and 4.0 browser, the Macintosh version of the Microsoft Internet Explorer 3.0, and make commercially reasonable efforts to support all other AOL browsers listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇/BrowTable.html."
ii. To the extent MP creates customized pages on the Affiliated MP Site for AOL Members, MP will configure the server from which it serves the site to examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇/Brow2Text.html."
iii. MP will periodically review the technical information made available by AOL at ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇/CacheText.html. iv. MP will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 (available at "▇▇▇▇://▇▇.▇▇▇▇▇▇▇▇.▇▇▇/rfc/rfc 1945.text") and to adhere to AOL's parameters for refreshing cached information listed at ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇/CacheText.html. v. Prior to releasing material, new functionality or features through the Affiliated MP Site ("New Functionality"), MP will use commercially reasonable efforts to either (i) test the New Functionality to confirm its compatibility with AOL Service client software or (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software.
Technical Performance eToys will perform the following technical obligations (and any reasonable updates thereto from time to time by AOL):
Technical Performance. The Supplier is aware that RUNE prepares the project execution plans based on the technical performances, declared by the supplier (Appendixes 4, 5 and 6). If Materials fail to perform as declared, it is considered a Breach according to Article 8 and therefore entitles RUNE and Contractors to enforce Warranties and Liabilities for damages.
Technical Performance. DigitalWork shall have a reasonable amount of time from the Effective Date, not to exceed 30 days from the date of execution hereof, to ramp up to the obligations in this Section 9.
i. DigitalWork will design the Co-Branded Site to support the AOL-client embedded versions of the Microsoft Internet Explorer 4.XX and 5.XX browsers (Windows and Macintosh) and the Netscape Browser 4.XX and make commercially reasonably effects to support all other AOL browsers listed at: ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇ in accordance with DigitalWork standard policy.
ii. To the extent DigitalWork creates customized pages on the Co-Branded Site for AOL Members, DigitalWork will develop and CONFIDENTIAL TREATMENT REQUESTED employ a methodology to detect AOL Members (e.g. examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇. ▇▇▇▇.▇▇▇.▇▇▇; to be accomplished via unique hostnames for each AOL property)."
iii. DigitalWork will periodically review the technical information made available by AOL at ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇.
iv. DigitalWork will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. DigitalWork is responsible for the manipulation of these parameters in web-based objects so as to allow them to be cached or not cached as outlined in RFC 1945.
v. Prior to releasing material, new functionality or features through the Co-Branded Site ("New Functionality"), DigitalWork will use *** to (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any new material, new functionality or features through the Co-Branded Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service
Technical Performance. 1-800-Flowers will perform the following technical obligations (and any reasonable updates thereto from time to time by AOL):
o 1- 800-Flowers will design the Affiliated 1-800-Flowers Site to support the Windows version of the Microsoft Internet Explorer 4.0 browser, and make commercially reasonable efforts to support all other AOL browsers listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇/BrowTable.html."
o 1 800-Flowers will configure the server from which it serves the site to examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇. ▇▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇.▇▇▇▇."
o 1 800-Flowers will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 (available at "▇▇▇▇://▇▇.▇▇▇▇▇▇▇▇.▇▇▇/rfc/▇▇▇▇▇▇▇.▇▇▇▇") and to adhere to AOL's parameters for refreshing cached information listed at "▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇/CacheText.html." EXHIBIT E STANDARD ONLINE COMMERCE TERMS & CONDITIONS
1. AOL NETWORK DISTRIBUTION. 1-800-Flowers will not authorize any third party to distribute or promote the Affiliated 1-800-Flowers Site or any 1-800-Flowers Interactive Site through the AOL Network absent AOL's prior written approval. The Promotions and any other promotion or advertisement purchased from or provided by AOL will link only to the Affiliate 1-800-Flowers Site (or the 1-800-Flowers Interactive Site under the Existing Agreement, as applicable).
Technical Performance i. MP will design the Affiliated MP Site to support the AOL-client embedded versions of the Microsoft Internet Explorer 3.XX and 4.XX browsers (Windows and Macintosh) and the Netscape Browser 4.XX and use commercially reasonable efforts to support all other AOL browsers listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇."
ii. To the extent MP creates customized pages on the Affiliated MP Site for AOL Members, MP will develop and employ a methodology to detect AOL Members (e.g., examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇. ▇▇▇▇.▇▇▇.▇▇▇)."
Technical Performance i. MP shall design the Affiliated MP Site to support the AOL-client embedded versions of the Microsoft Internet Explorer 3.0 and 4.0 browsers (Windows and Macintosh) and make commercially reasonable efforts to support all other AOL browsers listed at: "http://webmaster.info.aol.com/BrowTable.html."
ii. To t▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ on the Affiliated MP Site for AOL Members, MP shall configure and employ a methodology to detect AOL Members (e.g. examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "http://webmaster. info.aol.com/)."
iii. MP shall periodi▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ t▇▇▇▇▇▇▇▇ ▇▇▇▇▇mation made available by AOL at http://webmaster.info.aol.com. * Confidential treat▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ respect to certain information contained in this document. Confidential portions have been omitted from the public filing and have been filed separately with the Securities and Exchange Commission. EXECUTION VERSION
iv. MP shall design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing cached information listed at http://webmaster.info.aol.com.
v. Prior to releasing m▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇ features through the Affiliated MP Site ("New Functionality"), MP shall use commercially reasonable efforts to DELETE either (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software.