Functional Performance. Functional performance is defined in the Specifications corresponding to the Dot Hill FRU part numbers identified in Exhibit B-5 of Exhibit B or in the system level specifications.
Functional Performance. Provide input on how the design can be applied to improve performance of the Supply Package for the occupants.
Functional Performance. The Stentor Products shall perform substantially as described in their documentation.
Functional Performance. The Content Partner service shall function ninety-nine percent (99%) of the time within a one week period (with the exception of any scheduled maintenance performed by Content Partner where Infoseek is notified in advance) as measured by HTML requests from Infoseek at five (5) minute intervals with thirty (30) second time-outs. If the Content Partner's service fails to meet such functional performance standards for a period of five (5) consecutive working days after written notification by Infoseek, Infoseek may immediately terminate the Agreement upon written notice. Functional service means a User can perform a transaction on Content Partner's service. Such Functional Performance shall be measured by multiple independent third party ISPs.
Functional Performance. The pages of the Co-Branded Site shall provide the contractually agreed upon content ninety-nine percent (99%) of the measured Uptime within each one week period of this Agreement, barring exceptions detailed under Measurement Stipulations below. Functional service means a User visiting the Co-Branded Site is able to access the content outlined in this Agreement. Measurement Stipulations: Performance shall be measured by multiple independent third party companies agreed upon by both parties. Measurement periods shall begin and end at 00:00 Sunday morning. Any scheduled maintenance performed by e-centives or its agents shall be excluded from uptime calculations. e-centives shall not be responsible for access problems to the Co-Branded Site caused by failure of a User or third party measurement company's Internet Service Provider, intervening Internet Service Providers between the User or third party measurement company's Internet Service Provider, or peering points (public or private) between any of the aforementioned parties. Such failures shall not be included in performance measurement calculations. Problems accessing content caused by User action or lack thereof (i.e. forgot password, proxies or browser is not standards-compliant, etc.) shall not count toward performance measurement calculations. However, e-centives shall take commercially reasonable steps to solve such problems as they arise.
Functional Performance. The DX Products shall perform substantially as described in their documentation.
Functional Performance. Service for the Co-Branded Pages shall function ---------------------- [XXXXX] of the time within each [XXXXX] period (with the exception of any scheduled maintenance performed by Mpath) as measured by HTML requests from Infoseek at [XXXXX] intervals with [XXXXX] time-outs. If service for the Co-Branded Pages fails to meet such Functional Performance (as defined below) standards for a period of [XXXXX] after written notification by Infoseek, Infoseek may immediately terminate the Agreement upon written notice. Functional Service means a User can access information and activate hyperlinks on the Co-Branded Pages. Such Functional Performance shall be measured by multiple independent third party ISPs.
Functional Performance. The pilot mining test shall meet the following function performance requirements:
Functional Performance. The IDX Products shall perform substantially as described in their documentation.
Functional Performance. If Customer elects not to terminate this Agreement for default, for each software module that fails to meet the Initial Acceptance Test by February 15, 1999, Customer may assess a penalty, payable by Acres and solely to compensate Customer for inconvenience as a result of a delay in delivery, equal to two percent (2%) of the software module license fee as set forth in Article 2 and a five percent (5%) penalty for each thirty day period thereafter. If only certain Games for a particular software module fail the Initial Acceptance Test, then Customer may only assess penalties of this paragraph on a pro rata basis based on the number of failing Games, but penalties will not be assessed for Games which fail for reasons attributable to the manufacturer's or Customer's fault. In no event, shall the penalties assessed under this paragraph 10 exceed twenty-five (25%) of a software module license fee, if the software module ultimately passes the Initial Acceptance Test.
