Common use of Functional Performance Clause in Contracts

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.