Service Level Exclusions. 6.1 The Service shall not be deemed unavailable in the event of any failure caused by the following:
Service Level Exclusions. The parties agree that the Service Levels shall not apply if one or more of the following exists:
Service Level Exclusions. In addition to the exclusions as set out under in section 5.1 , Service Levels will not apply where the unavailability of the Services is due to: Failure to meet the Service Levels is not a material breach of the terms governing the Service. The Service Credits are the Customer’s sole and exclusive remedy and BT’s only obligation and liability for failure to achieve any Service Levels. The Customer acknowledges that the amounts payable by BT are fair and reasonable and, so far as it is aware, represent a genuine pre-estimate of any resulting loss or expense to the Customer.
Service Level Exclusions. In no event will Medidata be responsible for failure to meet the foregoing service levels for the following reasons: (i) events of force majeure, as set forth in the Agreement, (ii) Customer’s breach of the Agreement or failure to perform its responsibilities in a timely manner, (iii) willful misconduct of Customer, (iv) causes under the control of Customer, and (v) failure of any third party telecommunications carrier.
Service Level Exclusions. THE SERVICE LEVEL AGREEMENT DOES NOT APPLY TO ANY SERVICE (S) THAT EXPRESSLY EXCLUDE THIS SERVICE LEVEL AGREEMENT AND ANY PERFORMANCE ISSUES (1) CAUSED BY FACTORS OUTSIDE OF AMPLIFIED'S REASONABLE CONTROL, INCLUDING ANY THIRD PARTIES ACTING ON AMPLIFIED'S BEHALF; (2) THAT RESULTED FROM ANY ACTIONS OR INACTIONS OF CUSTOMER OR ANY THIRD PARTIES; OR(3) THAT RESULTED FROM CUSTOMER'S EQUIPMENT AND/OR THIRD PARTY EQUIPMENT (NOT WITHIN THE PRIMARY CONTROL OF AMPLIFIED). THIS SERVICE LEVEL AGREEMENT STATES CUSTOMER'SSOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY AMPLIFIED TO PROVIDE SERVICE(S). EXHIBIT F SOURCE CODE ESCROW FEES CNP Beneficiary Description Total Fees Fees ----------- ----- ---- ----------- First Year $***** $***** $***** Renewal Years $*****/year $*****/year $*****/year Each Additional Beneficiary $*****/each $***** $***** Unlimited deposit updates/replacements + one additional storage unit $*****/year $*****/year $*****/year Custom Agreements See Note 1 *****% *****% Release filing fee See Note 2 *****% *****% Notes:
Service Level Exclusions. THE SERVICE LEVEL PROVISIONS SET FORTH HEREIN DO NOT APPLY TO ANY PERFORMANCE ISSUES (A) CAUSED BY FACTORS OUTSIDE OF RICHRELEVANCE’S REASONABLE CONTROL; (B) THAT RESULTED FROM ANY ACTIONS OR INACTIONS OF PARTNER OR ANY THIRD PARTIES; OR (C) THAT RESULTED FROM PARTNER’S EQUIPMENT AND/OR THIRD PARTY EQUIPMENT. THE SERVICE CREDITS PROVIDED HEREIN STATE PARTNER’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY RICHRELEVANCE TO MEET THE STANDARDS SET FORTH IN THIS SUPPORT ADDENDUM.
Service Level Exclusions. This SLA and any applicable Service Levels do not apply when any of the following conditions exist: The system is placed under extra-ordinary load (over 200% of average load of previous 30 days) by the action of a wide scale email usage issue such as a web based virus. A Force Majeure condition is present as described in the contract. Due to factors outside of ASI’s reasonable control; That resulted from Customer’s hardware, network or software or that of a third party; That resulted from Customer’s actions or inactions or those of third parties; Caused by Customer’s use of the Service after ASI advised Customer to modify the use of the Service and such advice was not acted upon; During scheduled or emergency maintenance; or During beta and trial Services (as determined by ASI). The customer is using the system in breach of the AUP. during any period of suspension of service by Alchemy Systems in accordance with the terms of the Hosted Services Agreement when the End User Customer or its Reseller is in default of payment; when outage is caused by the affected End User or Reseller initiated change requests that a ASI will not be held responsible for degradation of service to customers due to third party or external vendor outages. ASI will endeavor to keep customers informed as to the progress of external vendor investigation progress.
Service Level Exclusions. 4.1. This Service Level Agreement and the Service Level do not apply (and any related periods of unavailability are excluded and disregarded when ascertaining figure U for the calculation in clause 3.2 of this Service Level Agreement) to availability issues that are caused:
Service Level Exclusions. Service Levels and Service Level Credits apply only to Client and not to any customers of Client or to any other party. Client is not entitled to any Service Level Credit if (a) Client has not paid all fees when due, (b) Client is otherwise in breach of the Service Contract, (c) Client has failed to provide LISS with appropriate access or otherwise interfered with LISS’s ability to provide the Services, or (d) a failure to meet Service Levels is attributable to one of the following
Service Level Exclusions. IBM shall be excused from failure to meet any Service Level (including being excused from any related Service Level Credit) to the extent such failure is attributable to: Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions.
