Testing Period. Kayak acknowledges that it has been informed by ITA that for so long as Kayak communicates with the ITA Data Center over the Internet, the Kayak server farm will he considered a “test farm” and not a “production farm.” Accordingly, while ITA will exercise reasonable commercial efforts to comply with the various provisions of this Exhibit B. Kayak agrees that, until Kayak has installed and begun using dedicated private lines to communicate with the Data Center, (i) under no circumstances will ITA le obligated to Kayak for any penalties, liabilities or credits (including but not limited to credits for downtime) resulting from any failure of ITA to comply with this Exhibit 11 and (ii) no problems will be classified as “emergency problems”.
Appears in 2 contracts
Sources: Services Agreement, Services Agreement (KAYAK SOFTWARE Corp)