Availability Requirement. Seller shall be responsible for all costs, charges, expenses, penalties, and obligations resulting from Availability Standards, if applicable, and Seller shall be entitled to retain all credits, payments, and revenues, if any, resulting from Seller achieving or exceeding Availability Standards, if applicable, other than the Capacity Rights.
Availability Requirement. (i) OneStream will make production (i.e. not development, test, or pre-release) instances of the Service(s) Available at least 99.9% of the time each full calendar month during the Applicable Term other than during Scheduled Downtime (the "Availability Requirement").
Availability Requirement. The Loan Parties shall not permit Revolving Facility Usage to exceed Maximum Availability.
Availability Requirement. Supplier will make the Services Available, as measured over the course of each calendar month during the Term and any additional periods during which Supplier does or is required to perform any Services (each such calendar month, a “Service Period”), at least 99.95% of the time, excluding only the time the Services are not Available solely as a result of one or more Exceptions (the “Availability Requirement”). “Available” means the Services are available and operable for access and use by the University, its Administrative Users and End Users over the Internet in material conformity with the Agreement. “Availability” has a correlative meaning. The Services are not considered Available in the event of a material performance degradation or inoperability of the Services, in whole or in part. The Availability Requirement will be calculated for the Service Period as follows: (Actual Uptime) ÷ (Scheduled Uptime – Total Minutes in Service Period Services are not Available Due to an Exception) x 100 = Availability.
Availability Requirement. The Availability Requirement during the Summer Season, Winter Season and other Months shall be 98.00%, 98.00% and 95.00%, respectively. The Monthly Availability for any Month shall not be less than the Availability Requirement applicable for such Month.
Availability Requirement. Provider shall make the Hosted Services Available, as measured over the course of each calendar month during the Term and any additional periods during which Provider does or is required to perform any Hosted Services (each such calendar month, a “Service Period”), at least 99.95% of the time, excluding only the time the Hosted Services are not Available solely as a result of one or more Exceptions (the “Availability Requirement”). “Available” means the Hosted Services are available and operable for access and use by Customer and its Authorized Users over the Internet in full conformity with the Specifications. “Availability” has a correlative meaning. The Hosted Services are not considered Available in the event of any performance degradation or inoperability of the Hosted Services, in whole or in part.
Availability Requirement. On-Call Employees shall be required to submit at least a minimum number of “available days/shifts” per month in advance, not to exceed eight (8) required days/shifts per month. The “available days/shifts” per month shall not exceed four (4) weekend days/shifts per month. Available days/shifts must also include at least two (2) designated holidays each year. The minimum number of “available days/shifts” per month shall be established as a policy by each department and agreed to by the Union.
Availability Requirement. The Teradata Cloud Service shall have an availability target as defined in the applicable Service Availability section of the Teradata Cloud Service Description and Order. Remedies for failure to meet the availability target shall also be set out therein.
Availability Requirement. “Service Level Failure” means a material failure of the Services to meet the Availability Requirement. “Available" means the Services are available for access and use by Client and its Licensed Users over the Internet and operating in material accordance with the Specifications. For purposes of calculating the Availability Requirement, the following are “Exceptions” to the Availability Requirement, and neither the Services will be considered un- Available nor any Service Level Failure be deemed to occur in connection with any failure to meet the Availability Requirement or impaired ability of Client or its Licensed Users to access or use the Services that is due, in whole or in part, to any: (a) access to or use of the Services by Client or any Licensed User, or using Client’s or an Licensed User’s Access Credentials, that does not strictly comply with this Agreement and the Specifications; (b) Client Failure (as defined in Section 4(a) of the Agreement); (c) Client’s or its Licensed User’s Internet connectivity; (d) Force Majeure event; failure, interruption, outage, or other problem with any software, hardware, system, network, facility, or other matter not supplied by Provider pursuant to this Agreement; (f) Scheduled Downtime; or (g) disabling, suspension, or termination of the Services pursuant to Section 11 of the Agreement. Provider is not responsible or liable for any delay or failure of performance caused in whole or in part by Client’s delay in performing, or failure to perform, any of its obligations under this Agreement (each, a “Client Failure”).
Availability Requirement. Upland shall make the Application Available, as measured on a 24 hours per calendar day basis over the course of each calendar month during the Initial Term and each Renewal Term and any additional periods during which Upland does or is required to provide the Application (each such calendar month, a “Service Period”), at least 99.9% of the time, excluding only the time the Application is not Available solely as a result of one or more Exceptions (the “Availability Requirement”). “Available” means the Application is available and operable for access and use by Customer and its Users over the Internet.
