Fault. Any act or omission of a Partner, its Affiliates or any of their respective officers, directors or employees (acting in their capacities as such) that constitutes or results from intentional misconduct, criminal intent or gross negligence. Finally Determined. Determined by any final, nonappealable judicial order or pursuant to a binding alternative dispute resolution procedure.
Fault. If such Distribution Taxes are attributable to the Fault of one or more Parties or any of their Affiliates, the responsibility for such Distribution Taxes shall reside with the Party or Parties at Fault. If more than one Party is at Fault, the responsibility for the Distribution Taxes shall be allocated equally among all of the Parties at Fault.
Fault. A breach of contract; negligent, reckless, or intentional act or omission constituting a tort under applicable statutes or common law; or violations of applicable statutes or regulations.
Fault. 9.1 Any of the following shall be deemed a fault: (i) A Party hereto materially breaches its contract with a third party and thus causes material damage to such third party, and the situation remains unchanged for 60 days; (ii) A Party will go bankrupt.
Fault. Reimbursement shall be limited to accidents in which the other party is 10 at fault (a citation is issued).
Fault. If such Distribution Taxes are attributable to the Fault for Distribution Purposes of one or more Parties or any of their Affiliates, the responsibility for such Distribution Taxes shall reside with the Party or Parties at Fault for Distribution Purposes. If more than one Party is at Fault for Distribution Purposes, the responsibility for the Distribution Taxes shall be allocated equally among all of the Parties at Fault for Distribution Purposes. Notwithstanding anything to the contrary in this Agreement, such Distribution Taxes shall not be subject to Article III or Section 8.3.
Fault. Tracking Where the LFC has allocated an expected fault restoration time to a fault and it subsequently becomes apparent that the fault restoration time cannot be met, the LFC will advise the Service Provider of a revised fault restoration time. In that situation the Service Levels in the Service Level Terms will continue to apply to the originally notified expected restoration time, rather than the revised fault restoration time.
Fault. A Fault is defined as a material defect, fault or impairment in a Managed Global Network which causes an interruption in provision of that Managed Global Network, or anything that gives rise to a request for assistance or a report, as described in this SLA.
Fault. A fault (also called bug) is any variance from the documented behavior. Appendix 2: Support Services Service Warranty (free) Contractual support (fee-based) Response time for a support case max. 5 working days (actual fault rectification may take longer) max. 2 working days (actual fault rectification may take longer) Type of support exclusively for support incidents which directly relate to a fault in the Product support incidents both with regard to faults in the Product as well as for support for optimal use of the Product Communication channel for support incidents exclusively through email and/or support portal through email and/or support portal; if a support incident cannot be resolved within 30 days it can be escalated to obtain support through additional communication channels, namely by telephone and/or through remote web access, to be provided by axaio software GmbH or a partner authoriszed by axaio software GmbH Time period throughout which support is available Germany: 1 year otherwise: 30 days throughout the term of the support contract Correction or workaround for a fault in so far as required by law yes/free of charge Modifications to support a newer version of a platform which is not fully compatible with the previous one not included* yes/free of charge License to use the current maintenance release of the licensed Product not included* yes/free of charge Availability (download) of the latest maintenance release of the licensed product not included* yes/free of charge Availability (download) of the licensed product up to availability of the next major release throughout the term of the support contract Update to the current main version of the licensed product at the update list price yes/free of charge Information on availability of new maintenance or major releases not included* by email Service Warranty (free) Contractual support (fee-based) Cross grade to a different platform for the licensed Product at the cross grade list price within one year after date of purchase: yes/free of charge Upgrade to current maintenance release of a higher-quality product of the same major release at the upgrade list price 1 year from purchase of original license throughout the term of the support contract Purchase of additional licenses of the licensed product at the list price 1 year from purchase of original license throughout the term of the support contract
Fault. Classification All faults are classified as follows: Interrupted Faults Service is completely non- operational. Non-Interrupted Faults Service is degraded but still operational. Faults are classified by the AAPT Customer Service Desk and advised to You at the time of logging the fault.
