Maintenance and Availability Sample Clauses

Maintenance and Availability. County will provide maintenance to its computer system to ensure that the I.T. Services are functional, operational, and work for intended purposes. Such maintenance to County’s system will include "bug" fixes, patches, and upgrades, such as software, hardware, database and network upgrades. The impact of patches and/or upgrades to the applications will be thoroughly evaluated by County and communicated to Public Body through their Points of Contact prior to implementation in Public Body’s production environment. County will reserve scheduled maintenance windows to perform these work activities. These maintenance windows will be outlined specifically for each application in the attached Exhibits. 2.2.2.1. If changes to scheduled maintenance windows or if additional maintenance times are required, County will give as much lead time as possible. 2.2.2.2. During maintenance windows, access to the application may be restricted by County without specific prior notification.

Maintenance and Availability. Vendor agrees to prepare, retain, make available, and supply to MaineHousing Records and other information necessary, as MaineHousing may determine, to audit and evaluate the Vendor's performance under this Agreement. Records shall be available for inspection and copying by MaineHousing at the Vendor's office during Vendor’s regular business hours. Records and information shall be in such form and shall be stored as may be prescribed by MaineHousing. In addition to the other rights of MaineHousing under this ▇▇▇▇▇▇▇ ▇.▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Department of Health and Human Services, and the United States Inspector General and their respective representatives shall have access to all Records for the purpose of reviewing, examining, inspecting, investigating, auditing, copying, translating or transcribing any information contained therein. Vendor shall cooperate fully with any such action by the Federal government or MaineHousing.

Maintenance and Availability. 4.1 Maintenance for the Software-as-a-Service is included as part of the Services. Maintenance includes Application software upgrades, bug-fixes, patches, error corrections and enhancements, at no additional charge, when any of them are developed by gomo Learning Limited and made available, without customisation, to gomo Learning Limited’s clients generally at no additional cost, AND ANY SUCH SOFTWARE UPGRADES, BUG FIXES, PATCHES, ERROR CORRECTIONS AND ENHANCEMENTS SHALL BE APPLIED BY PEOPLEFLUENT ‘s RELEVANT AFFILIATEAT ITS SOLE DISCRETION AT SUCH TIME AND IN SUCH WAY AS IT DEEMS BEST, and shall become part of (the relevant component of) the Application(s) and the Software-as-a- Service, the Intellectual Property Rights in which shall remain with and vest in gomo Learning Limited and/or its licensors and be licensed to Client by PeopleFluent as part of Software-as-a- Service pursuant to clause 4.1. 4.2 PeopleFluent reserves the right to amend the Service Level Terms at any time, so long as the amendment does not have a material adverse effect on the Client. The Service Level Terms are limited to those events and service levels within PeopleFluent or its relevant Affiliate’s commercially reasonable control and do not include events or services or security failures resulting from any actions or inactions of the Client or any third parties not under PeopleFluent or its relevant Affiliate’s direct control (including but not limited to Client or third party equipment and internet or telecommunications providers). 4.3 Service availability is defined as the amount of time that the Software-as-a-Service is available to the Client and capable of performing operations, excluding Scheduled Maintenance Down Time (as defined below) and non-availability caused by actions or inactions of the Client. Non-availability is the amount of time (excluding Scheduled Maintenance Down- Time) that the Software-as-a-Service is either not available or not capable of performing operations. The Software-as-a-Service will be available 98% of the time calculated over each Year. Scheduled Maintenance Down-Time will not be included when calculating the availability of the Software-as-a-Service. 4.4 The Client accepts that PeopleFluent or its relevant Affiliate will require scheduled down-time periods from time to time to perform system maintenance, backup and upgrade functions for the Software-as-a-Service (“Scheduled Maintenance Down-Time”). Scheduled Maintenance Down-Time will usually t...

Maintenance and Availability. In no case shall a service interruption caused by the Hosting Provider (Microsoft Azure), whether planned or not, be considered an Error according to this Service Level Agreement.

Maintenance and Availability. The Company shall use commercially reasonable efforts to ensure the Platform is Available for use by Authorized Users as set forth in its support promise located at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ and/or described in the Order Form. “Available” means the percentage of time in a month, measured in minutes, during which the hosting service does not experience a latency of more than thirty (30) milliseconds between the initiation of the transmission of a data packet to the Platform from Client or an Authorized User, from the exit point of Client or its Authorized User’s IP service provider, to the receipt of the hosting server’s response at the Company’s IP service provider in a sixty (60) second period, provided, however, “Available” shall exclude the time during which the Platform is unavailable due Excluded Monthly Time. “Excluded Monthly Time” means unavailability that: (a) is caused by factors outside of the Company’s or its service providers’ reasonable control; (b) results from any actions or inactions of Client or any third party (except for the Company’s agents and subcontractors); (c) arising as a result of or in connection with any hardware or software used by Client that is not provided by or made available by the Company hereunder; (d) occurs during scheduled maintenance windows; or (e) occurs for reasons of emergency maintenance (i.e., maintenance that is not planned but is necessary for purposes of maintaining the integrity, security or operation of the Platform). The Company reserves the right to change its scheduled maintenance windows and support promise at any time by updating the support promise on its website.

Maintenance and Availability. As part of providing the Licensed Products, Provider shall continuously seek to identify and attempt to resolve problems which may negatively affect the proper functioning and availability of the Licensed Products (the Maintenance Services). Such Maintenance Services comprises repairs (rectification of faults and errors to restore functionality) and servicing (maintenance to maintain functionality). Further development, adaptation or improvement of the Licensed Products (evolutive maintenance), as well as additional Services (as described in Section 5.3), do not form part of the Maintenance Services.] As part of the Maintenance Services, Provider shall use reasonable endeavours to maintain the availability or continued function of the Licensed Products, but does not guarantee it.

Maintenance and Availability. The availability or operation of any UGC, Custom Server, or Third- Party Content may rely on software, programs, networks, updates, systems, APIs, protocols, code dependencies, services, or other elements created and operated by third parties. The Company does not maintain, control, or assume any obligation with respect to the maintenance or availability of any UGC, Custom Server, or Third-Party Content. To the extent that we provide links or access to Third-Party Content, sites, Custom Servers, UGC, or other resources, we do so only as a convenience.

Maintenance and Availability. The books and records shall be maintained in accordance with, and for such length of time as is required by, generally accepted accounting principles and applicable state and federal tax laws and regulations, and such books and records shall be available at the Company's principal office for examination by any Member or the Member's duly authorized representative at any and all reasonable times during normal business hours.

Maintenance and Availability. Scheduled system maintenance shall take place from time to time, and during such time, updates to the Service or elements thereof may be unavailable. Emergency maintenance may be required at other times in the event of system failure. The Service or some aspects thereof may require a wireless Internet connection. We make no representation that the Service is available or permitted in any particular location. Use of the Service is void where prohibited. You use the Service at your own initiative and are responsible for compliance with any applicable laws in connection with your use thereof. Keet may also impose limits on the use or access to the Service as required by law. The Service is not designed for the delivery of time sensitive or life critical medical or health-related communications. You specifically acknowledge that outage and downtime may occur, as may Provider error in communicating via the Service, including via the Application.