Performance and Availability Sample Clauses

Performance and Availability. The Solution shall perform in accordance with the approved Service Level Agreement (SLA) (see Section 10.2) and be available 99.999% of the time per month.
Sample 1Sample 2Sample 3See All (8)
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Performance and Availability. The Products and Services will maintain at least 99.9% Actual Uptime Percentage on a monthly basis.
Sample 1
Performance and Availability. Provider guarantees that the System and Software will be accessible at least 99.5% of the time, except for Scheduled Downtime. PROVIDER IS NOT RESPONSIBLE FOR LOSS OF CAPITAL, SLIPPAGE, CANCELLED, UNFILLED OR MISSED ORDERS OR DESTROYED USER DATA, WHICH LOSS OR DESTRUCTION SHALL BE AT CUSTOMER'S SOLE RISK IN CASE OF SCHEDULED DOWNTIME OR SERVICE INTERUPTIONS OR ERRORS OR UNSCHEDULED DOWNTIME ON THE INDEPENDENT EXCHANGE TO WHICH THE SOFTWARE IS LINKED FOR OPERATION. Provider will use its commercially reasonable efforts to notify Customer at least twenty- four (24) hours in advance of any Scheduled Downtime. Provider will use reasonable commercial efforts to perform scheduled maintenance outside of Customer’s normal business hours to provide the least amount of disruption.
Sample 1
Performance and Availability. Provider guarantees that the System and Software will be accessible at least 99.5% of the time, except for Scheduled Downtime. As Provider’s sole and exclusive remedy, if Downtime, other than Scheduled Downtime, exceeds the guaranteed level, then Provider agrees to credit toward the Customer’s Fees a prorated amount equal to the Fees attributable to such Downtime. PROVIDER IS NOT RESPONSIBLE FOR LOST OR DESTROYED USER DATA, WHICH LOSS OR DESTRUCTION SHALL BE AT CUSTOMER'S SOLE RISK. Provider will use its commercially reasonable efforts to notify Customer at least twenty- four (24) hours in advance of any Scheduled Downtime. Provider will use reasonable commercial efforts to perform scheduled maintenance outside of Customer’s normal business hours to provide the least amount of disruption.
Sample 1
Performance and Availability. The Solution shall perform in accordance with the approved Service Level Agreement (SLA) (see Section 10.2) and be available 99.999% of the time per month. Availability SLA: Akamai offers a service level(“Service Level”) committing to 100% availability of the contracted security service. Performance SLA: Akamai offers a service level (“Service Level”) committing that the security service will not impede origin performance in any period that the protected digital property is not under attack.
Sample 1
Performance and Availability. The Hosted App Service shall be available to each radio station and syndication site twenty-four (24) hours a day, seven (7) days per week, ninety-nine point nine percent (99.9%) of the time, calculated on a monthly basis (“Monthly Uptime Standard”).
Sample 1

Related to Performance and Availability

  • Financial Performance Covenants Notwithstanding anything to the contrary contained in Section 7.01, in the event that Holdings fails to comply with the requirements of the Financial Performance Covenant, until the expiration of the 10th day subsequent to the date the certificate calculating such Financial Performance Covenant is required to be delivered pursuant to Section 5.04(c), Holdings shall have the right to issue Permitted Cure Securities for cash or otherwise receive cash contributions to the capital of Holdings, and, in each case, to contribute any such cash to the capital of the Company (collectively, the “Cure Right”), and upon the receipt by Company of such cash (the “Cure Amount”) pursuant to the exercise by Holdings of such Cure Right and request to the Administrative Agent to effect such recalculation, such Financial Performance Covenant shall be recalculated giving effect to the following pro forma adjustments:

  • Annual Performance Bonus In the discretion of the Company's Compensation Committee, the Executive shall be eligible to receive an annual performance bonus payable in cash for each full or partial fiscal year of the Company during the Employment Period in accordance with the Company's performance-based bonus program for Executive Officers.

  • Performance and Compliance Purchaser shall have performed all of the covenants and complied, in all material respects, with all the provisions required by this Agreement to be performed or complied with by it on or before the Closing.

  • Performance Conditions The Shares shall be issuable only if (and to the extent) that the Performance Criteria, set forth herein, are satisfied during the Performance Period. The Controller of the Company and the Compensation Committee of the Board of Directors of the Company shall certify whether, and to what extent, the Performance Criteria have been achieved. If the minimum performance is not met, no Shares shall be issued and the Award shall be forfeited.

  • Performance Reporting The State of California is required to submit the following financial reports to FEMA:

  • Performance Requirements 1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct or operation of an investment of an investor of a Party or of a non-Party in its territory:

  • Performance Measure The specific representation of a process or outcome that is relevant to the assessment of performance; it is quantifiable and can be documented

  • Performance Condition Notwithstanding the vesting schedule stated in the Award Notification, your Restricted Stock Units shall not vest unless the Company achieves positive Adjusted Net Earnings in any fiscal year during the term of the Award. “Adjusted Net Earnings” means net earnings determined in accordance with GAAP as publicly reported by the Company for a fiscal year, adjusted to eliminate the following: (1) the cumulative effect of changes in GAAP; (2) gains and losses from discontinued operations; (3) extraordinary gains or losses; and (4) any other unusual or nonrecurring gains or losses which are separately identified and quantified, including merger related charges. 

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