Common use of Uptime and Downtime Clause in Contracts

Uptime and Downtime. (a) Lotame shall ensure that access to the Lotame Data Management Platform and all material functionalities of the Lotame Services are available 99.8% of the time in a calendar month, excluding Excused Downtime (as defined below) (“Availability”). (b) Excused Downtime includes the following: (1) Scheduled Maintenance as defined below in this Exhibit; (2) Reasons of Force Majeure. “Force Majeure” means events beyond the reasonable control of a Party, which may include without limitation denial-of-service attacks, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action and earthquakes;