Uptime Commitment definition

Uptime Commitment means, as calculated by ▇▇▇▇▇ in good faith, the Portal is available for at least 99% of the time in each calendar quarter during the Warranty Period excluding downtime arising from any Warranty Exclusions. The “Warranty Period” means with respect to the Device one (1) year from the date the original purchaser takes delivery of the Device; with respect to the Software five (5) years from the date the original purchaser takes delivery of the Device; with respect to the Portal, the longer of (a) one (1) year from the date the original purchaser takes delivery of the Device or (b) the period of time during which You maintain a paid subscription to the Portal; and with respect to Advanced Analytics, the longer of (a) one (1) year from the date the original purchaser takes delivery of the Device or (b) the period of time during which You maintain a paid subscription to Advanced Analytics. The Limited Warranty does not apply to any issues, including any non-conformity, downtime or unavailability, arising from the following: (i) use of the Software, Portal, Advanced Analytics, or Device in a manner inconsistent with this License Agreement or the Documentation, including any suspension by ▇▇▇▇▇ of Your access; (ii) use of the Software, Portal, Advanced Analytics, or Device for a purpose other its intended purpose; (iii) Your breach of this License Agreement or applicable laws; (iv) any third party equipment, software, or components; (v) any actions of a third party; (vii) any routine or emergency maintenance or other scheduled downtime; (viii) a Force Majeure Event (as defined in Section 21 below); (ix) any acts or omissions of You or Your representatives; or (x) Your equipment, software, or other technology or services (collectively, the “Warranty Exclusions”). To report any issues under the Limited Warranty, You must submit a warranty request, including reasonable documentation of each issue, by email to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ for an issue with any Discover Advanced Mobile Leak Detection device and related Software and ▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ for the sale of any other Heath-branded equipment or device and related Software within the (10) days of the occurrence of each issue. After receipt of such report, ▇▇▇▇▇ will promptly investigate such report and make commercially reasonable efforts to verify the issue and, if appropriate, make commercially reasonable efforts to correct verified defects or provide a work-around and/or provide the applicable service credit, as...
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Uptime Commitment means, with regard to SaaS Services only, a System Availability Percentage of 99.5% during a given Month.
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Uptime Commitment means the provision of the Services with an Uptime Percentage of at least 99.5%.
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Examples of Uptime Commitment in a sentence

  • Failure to achieve the Uptime Commitment shall result in the Service Credit Percentage applicable to each Product, subject to a maximum cumulative Service Credit Percentage of 33% of total Quarterly Fees (regardless of the number of individual service failures in the applicable month).

  • This is Customer’s sole remedy for ESO’s breach of the Uptime Commitment.

  • Credits must be requested by Client, within thirty (30) days of the end of the month in which the Uptime Commitment was not met.

  • The failure to meet the Uptime Commitment must be verified by ▇▇▇▇▇▇’▇ diagnostic monitoring tools.

  • You may terminate the affected Service Order with thirty (30) days’ written notice if Bazaarvoice fails to meet the Uptime Commitment during two (2) consecutive calendar months or fails to meet the Uptime Commitment for any three (3) calendar months within any twelve (12) month period.

  • This is Customer’s sole remedy for Octagos’ breach of the Uptime Commitment.

  • Subject to Client satisfying its obligations herein, UA guarantees that the Service will be available to Client and its Licensed Users at least 99% of the time during each calendar month, excluding Excusable Downtime ("Uptime Commitment").

  • The provisions of this Exhibit A state Client’s sole and exclusive remedy for any Uptime Commitment failures of any kind.

  • To the extent legally permitted, the issuance of a Service Credit by Mark43 hereunder is Subscriber’s sole and exclusive remedy for any failure by Mark43 to satisfy the Uptime Commitment.

  • If Viewpoint does not meet the Uptime Commitment in a month during the Term (“Outage”), Customer may apply for a service credit proportional to the percentage of time that the Software did not meet the Uptime Commitment during that month and based on the applicable Fees for the affected Software during that month, excluding taxes or other similar charges (“Service Credit”).


More Definitions of Uptime Commitment

Uptime Commitment means AVEVA’s Uptime commitment for the Cloud Services as set out in herein.
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Uptime Commitment has the meaning set forth in Section 7.1 (Service Levels).
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Uptime Commitment means anAnnual Uptime Percentage of at least 99.9%. “Measured Period” means the total number of minutes in a calendar year. “Unavailable/Unavailability” refers to a period of timeduring which the vast majority of Customer’s Userscannot login or access the Service platformor connect to internal resources due to the unavailability of the Perimeter 81 services, for a consecutive period of ten minutes or more.
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Related to Uptime Commitment

  • Volume Commitment means the agreed upon Customer commitment to purchase, and may be described as an Annual Volume Commitment, Total Volume Commitment, Tiered Volume Commitment, or Subminimum Volume Commitment.

  • Real-Time Commitment means NYISO’s multi-period security constrained unit commitment and dispatch model, as defined in the NYISO Tariffs.

  • Minimum Commitment means any minimum commitment of time and usage for use of the Services by You during the Term of this Agreement.

  • Facility A Commitment means, with respect to each Facility A Lender, the commitment, if any, of such Lender to make Facility A Revolving Loans and to acquire participations in Facility A Letters of Credit, Facility A Protective Advances and Facility A Swingline Loans, expressed as an amount representing the maximum possible aggregate amount of such Lender’s Facility A Revolving Exposure hereunder, as such commitment may be reduced or increased from time to time pursuant to (a) Section 2.09 and (b) assignments by or to such Lender pursuant to Section 9.04. The initial amount of each Lender’s Facility A Commitment is set forth on the Commitment Schedule, or in the Assignment and Assumption pursuant to which such Lender shall have assumed its Facility A Commitment, as applicable. The initial aggregate amount of the Lenders’ Facility A Commitments is $1,000,000,000.

  • Total Revolving Commitment means the sum of the Revolving Commitments of the Lenders as the same may be decreased or increased pursuant to the terms of this Agreement. As of the Closing Date, the amount of the Total Revolving Commitment is $250,000,000.