NGG System Capacity Performance Warranty Sample Clauses

NGG System Capacity Performance Warranty. During the Term of this Amendment No. 7 724 and HP represent and warrant to Sprint PCS that the NGG System will support all functional processing currently in production and including future releases of 4.1 and 4.2 and will support a minimum of [**] TPS per Distribution Site in Sprint’s production environment no later than [**]. [**] REPRESENTS MATERIAL WHICH HAS BEEN REDACTED. CONFIDNETIAL HP and 724 will conduct a certification of the system’s ability to process [**] TPS per site. HP intends to use HP resources that are not affiliated with the current NGG delivery team, and the certification will be tested within HP’s Test Lab. A certification plan will be agreed to between HP and Sprint within 45 days of execution of Sprint’s notification that they wish to proceed with the TSA. [**] TPS Certification and future verification: The NGG solution will be certified under the Certification Process as defined in the attachment. Any future verification of committed TPS throughput will be based on the configuration and criteria agreed upon at the time the original certification was performed. HP and 724 will present to Sprint such certification no later than [**] such certification shall be paid solely by HP and 724 (HP paying for HP resources and 724 paying for 724 resources). Following [**], HP and 724 warrants that the NGG System will sustain the [**] TPS performance capacity throughout the entire Term of this Amendment 7. HP and 724 acknowledges that time is of the essence and failure to meet the [**] capacity performance obligations will cause serious harm to Sprint PCS. Accordingly, if HP and 724 fails to support the minimum [**] TPS per distribution site capacity performance obligation by [**], for causes attributable to 724 and its employees, agents and subcontractors, The parties agree that 724 shall provide HP with “material” access to XMG and SSE source code, as defined in Section 5.4 of this addendum. 724 agrees to apply best efforts to incorporate jointly identified capacity and stability improvements into the code in a timely manner.
Sample 1
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Related to NGG System Capacity Performance Warranty

  • Performance Warranty Each Party hereby warrants and guarantees the performance of any and all rights and obligations of this Agreement by its Affiliates and Sublicensees.

  • Service Warranty 10.1 When performing the Services, Service Provider shall provide professional and skilled personnel, reasonably experienced for the Services to be performed at the best of their knowledge.

  • Service Levels (1) DTI shall perform the Services in accordance with the service levels (the "Service Levels") as may be agreed to from time to time in writing by DTI and the Funds (the "Service Level Agreement"). Failure to perform in a manner which equals or exceeds the Service Levels shall result in fee credits ("Fee Credits") or the Funds' right to terminate this Agreement, as set forth in the Service Level Agreement.

  • Hardware and Software Requirements In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions, and hardware capable of running this software.

  • Excused Performance If either Party is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence of a Force Majeure Event, such Party will be excused from the affected performance obligation (other than payment obligations), provided that:

  • Service Level Service Provider will classify incidents at its own discretion. Such classifications shall be consistent with the priorities Service Provider set for itself as a recipient of services. Incidents classified using this methodology will be triaged as documented in Attachment A.

  • Product and Service Warranties 21- SECTION 3.30

  • Performance Tests Contractor shall perform Performance Tests in accordance with Section 11.2 of the Agreement and Attachment S.

  • Buyer’s Performance (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects.

  • Events Excusing Performance Neither party shall be liable to the other party for failure to perform any of the services required herein in the event of strikes, lock-outs, calamities, acts of God, unavailability of supplies or other events over which that party has no control for so long as such events continue, and for a reasonable period of time thereafter.

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