Common use of UPTIME REQUIREMENT Clause in Contracts

UPTIME REQUIREMENT. Pequity will make commercially reasonable efforts to ensure that the Platform will be Available at least 99.9% of the time (“Uptime Requirement”) as measured over each calendar month during the term of any Order. The following shall be excluded from any calculation to determine whether Pequity has complied with the Uptime Requirement: (a) Scheduled Maintenance; (b) Downtime resulting from any acts or omissions by Client or an authorized end-user that are not in accordance with this Agreement, including without limitation, any negligence, willful misconduct or use of the SaaS Services or the Platform in breach of this Agreement; (c) delays or outages caused by any third-party services;

UPTIME REQUIREMENT. Pequity will make commercially reasonable efforts to ensure that the Platform will be Available at least 99.9% of the time (“Uptime Requirement”) as measured over each calendar month during the term of any Order. The following shall be excluded from any calculation to determine whether Pequity has complied with the Uptime Requirement: (a) Scheduled Maintenance; (b) Downtime resulting from any acts or omissions by Client or an authorized end-user that are not in accordance with this Agreement, including without limitation, any negligence, willful misconduct or use of the SaaS Services or the Platform in breach of this Agreement; (c) delays or outages caused by any third- party services; (d) any restrictions imposed by any such third-party services;; and (e) Downtime resulting from a force majeure, as set forth in the Agreement.