Minimum Uptime Clause Samples
A Minimum Uptime clause sets a required percentage of time that a service or system must remain operational and accessible. Typically, this clause applies to technology services, such as cloud platforms or software-as-a-service products, and may specify that the service must be available, for example, 99.9% of the time within a given month. By establishing clear expectations for service reliability, the clause protects users from excessive downtime and provides a basis for recourse if the provider fails to meet the agreed standard.
Minimum Uptime. Cause, and, with respect to mining equipment located at a third-party facility (i.e. a facility that is neither owned nor leased by a Loan Party or a Subsidiary of a Loan Party), use commercially reasonable efforts to cause, all mining equipment once put into use to remain operational and fully utilized at its rated “hash rate” and “rated power” at all times. Cause the Adjusted Uptime for mining equipment located at a facility that is either owned or leased by a Loan Party or a Subsidiary of a Loan Party to be not less than 95% during any fiscal month. In the event of cessation of operations at the Alpha Facility, or the relocation of any mining equipment to another facility in accordance with Section 7.5, there shall be no breach of this Section 7.11 so long as the Loan Parties are using commercially reasonable efforts to cause such mining equipment to comply with the Adjusted Uptime requirements of this Section 7.11.
Minimum Uptime. Recipients must ensure that each charging port has an average annual uptime of greater than 97%.
1. A charging port is considered “up” when its hardware and software are both online and available for use, or in use, and the charging port successfully dispenses electricity in accordance with requirements for minimum power level (see Section 680.106(d) of the NEVI Standards).
2. Charging port uptime must be calculated on a monthly basis for the previous 12 months using the methodology described in Section 680.116(b) of the NEVI Standards.
Minimum Uptime. Aritma will have the service available with an uptime at minimum 99,7%.