Smarsh Uptime Commitment Sample Clauses

Smarsh Uptime Commitment. 1.1 The production instance of the Smarsh Connected Archive will be available 99.9% of any calendar month (the “Uptime Commitment”). Availability is measured using the following industry-standard formula: ( ) = ℎ (30 ) − ℎ ℎ ℎ (30 ) ∗ 100 Smarsh will not be responsible for interruption of Client’s access to the Services, and the Services will not be considered unavailable (i.e., such interruptions will not be included in the Downtime calculation), where the interruption results from: (a) routine maintenance, repair, and upgrade during Xxxxxx’x normal maintenance windows (specified below); (b) issues or failures with Client’s hardware, software, communications, or internet providers; (c) issues or failures of third-party sites, applications, software, hardware, or other components not supplied by Smarsh, or the intentional or malicious actions of third parties; (d) Client’s acts or omissions; or (e) force majeure events. Client may view the system status and subscribe to status updates at xxxxx://xxxxxx.xxxxxx.xxx/.
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Smarsh Uptime Commitment. 1.1 The production instance of the Smarsh Connected Archive will be available 99.9% of any calendar month (the “Uptime Commitment”). Availability is measured using the following industry-standard formula: 𝑨𝒗𝒂𝒊𝒍𝒂𝒃𝒊𝒍𝒊𝒕𝒚 (𝑙𝑒𝑠𝑠 𝑃𝑙𝑎𝑛𝑛𝑒𝑑 𝑀𝑎𝑖𝑛𝑡𝑒𝑛𝑎𝑛𝑐𝑒 ) = 𝑇𝑜𝑡𝑎𝑙 𝑀𝑖𝑛𝑢𝑡𝑒𝑠 𝑖𝑛 𝑎 𝑀𝑜𝑛𝑡ℎ (30 𝑑𝑎𝑦𝑠) − 𝑇𝑜𝑡𝑎𝑙 𝐷𝑜𝑤𝑛𝑡𝑖𝑚𝑒 𝑖�� 𝑡ℎ𝑒 𝑀𝑜𝑛��ℎ 𝑇𝑜𝑡𝑎𝑙 𝑀𝑖𝑛𝑢��𝑒𝑠 𝑖𝑛 𝑎 𝑀𝑜𝑛𝑡ℎ (30 𝑑𝑎𝑦𝑠) ∗ 100 Smarsh will not be responsible for interruption of Client’s access to the Services, and the Services will not be considered unavailable (i.e., such interruptions will not be included in the Downtime calculation), where the interruption results from: (a) routine maintenance, repair, and upgrade during Xxxxxx’x normal maintenance windows (specified below); (b) issues or failures with Client’s hardware, software, communications, or internet providers; (c) issues or failures of third-party sites, applications, software, hardware, or other components not supplied by Smarsh, or the intentional or malicious actions of third parties; (d) Client’s acts or omissions; or (e) force majeure events. Client may view the system status and subscribe to status updates at xxxxx://xxxxxx.xxxxxx.xxx/.
Sample 1
Smarsh Uptime Commitment. 1.1 The Smarsh Federal Archive will be available 99.9% of any calendar month (the “Uptime Commitment”). Availability is measured using the following industry-standard formula: 𝐴𝑣𝑎𝑖𝑙𝑎𝑏𝑖𝑙𝑖𝑡𝑦 (𝑙𝑒𝑠𝑠 𝑃𝑙𝑎𝑛𝑛𝑒𝑑 𝑀𝑎𝑖𝑛𝑡𝑒𝑛𝑎𝑛𝑐𝑒 ) = 𝑡𝑜𝑡𝑎𝑙 𝑚𝑖𝑛𝑢𝑡𝑒𝑠 𝑖𝑛 𝑎 𝑚𝑜𝑛𝑡ℎ (30 𝑑𝑎𝑦𝑠) − 𝑡𝑜𝑡𝑎𝑙 𝐷𝑜𝑤𝑛𝑡𝑖𝑚𝑒 𝑖�� 𝑡ℎ𝑒 𝑚𝑜𝑛��ℎ 𝑡𝑜𝑡𝑎𝑙 𝑚𝑖𝑛𝑢��𝑒𝑠 𝑖𝑛 𝑎 𝑚𝑜𝑛𝑡ℎ (30 𝑑𝑎𝑦𝑠) ∗ 100 Smarsh will not be responsible for interruption of Client’s access to the Federal Archive and the Federal Archive will not be considered unavailable (i.e., such interruptions will not be included in the Downtime calculation) where the interruption results from: (a) routine maintenance, repair, and upgrades during maintenance windows (specified below); (b) issues or failures with Client’s hardware, software, communications, or internet providers; (c) issues or failures of Third Party Services, third-party sites, applications, software, hardware, or other components not supplied by Smarsh, (d) intentional or malicious actions of third parties; (e) Client’s acts or omissions; or (f) force majeure events. Client may view the system status and subscribe to status updates at xxxxx://xxxxxx.xxxxxx.xxx/.
Sample 1
Smarsh Uptime Commitment. 1.1 The Smarsh Archiving Platform (the Smarsh Management Console) will be available 99.9% during any calendar month (the “Uptime Commitment”). For purposes of calculating the Uptime Commitment, “availability” means that Client may access the Smarsh Management Console. Smarsh shall not be responsible for interruption in Client’s access to the Services, and the Services will not be considered unavailable, where the downtime or interruption of the Services result from: (a) routine maintenance, repair and upgrade; (b) issues or failures with Client’s hardware, software, communications and internet providers;
Sample 1
Smarsh Uptime Commitment. 1.1 The production instance of the Smarsh Web Archive will be available 99.9% of any calendar month (the “Uptime Commitment”). Availability is measured using the following industry-standard formula: Availability (less P lanned Maintenance ) = Total Minutes in a Month (30 days)−Total Downtime in the Month Total Minutes in a Month (30 days) * 100 Smarsh will not be responsible for interruption of Client’s access to the Services, and the Services will not be considered unavailable (i.e., such interruptions will not be included in the Downtime calculation), where the interruption results from: (a) routine maintenance, repair, and upgrade during Xxxxxx’x normal maintenance windows (specified below); (b) issues or failures with Client’s hardware, software, communications, or internet providers;
Sample 1

Related to Smarsh Uptime Commitment

  • Time Commitment The Advisor shall, and shall cause its Affiliates and their respective employees, officers and agents to, devote to the Company such time as shall be reasonably necessary to conduct the business and affairs of the Company in an appropriate manner consistent with the terms of this Agreement. The Company acknowledges that the Advisor and its Affiliates and their respective employees, officers and agents may also engage in activities unrelated to the Company and may provide services to Persons other than the Company or any of its Affiliates.

  • Part-Time Commitment The Hospital shall not refuse to accept an offer from an employee to make a written commitment to be available for work on a regular predetermined basis solely for the purpose of utilizing casual employees so as to restrict the numbers of regular part-time employees.

  • Service Level Commitment IBM provides the following service level commitment (“SLA”) for the Cloud Service, after IBM makes the Cloud Service available to you.

  • Service Commitment Newly hired nurses and currently employed nurses who voluntarily choose to relocate and receive a relocation allowance may be required to serve for a minimum of two years at their base before they will be considered for transfer to another base. This commitment will not apply when the employer and nurse mutually agree to waive it and when relocation occurs as a result of layoff/rehire.

  • DVBE Commitment This section is applicable if Contractor received a disabled veteran business enterprise (“DVBE”) incentive in connection with this Agreement. Contractor’s failure to meet the DVBE commitment set forth in its bid or proposal constitutes a breach of the Agreement. If Contractor used DVBE subcontractor(s) in connection with this Agreement: (i) Contractor must use the DVBE subcontractors identified in its bid or proposal, unless the JBE approves in writing replacement by another DVBE subcontractor in accordance with the terms of this Agreement; and (ii) Contractor must complete and return to the JBE a post-contract certification form promptly upon completion of the awarded contract, and by no later than the date of submission of Contractor’s final invoice to the JBE. (The post-contract certification form is located at: xxxxx://xxx.xxxxxx.xx.xxx/documents/JBCM-Post- Contract-Certification-Form.docx) If the Contractor fails to do so, the JBE will withhold $10,000 from the final payment, or withhold the full payment if it is less than $10,000, until the Contractor submits a complete and accurate post-contract certification form. The JBE shall allow the Contractor to cure the deficiency after written notice of the Contractor’s failure to complete and submit an accurate post- contract certification form. Notwithstanding the foregoing and any other law, if after at least 15 calendar days, but no more than 30 calendar days, from the date of the written notice the Contractor refuses to comply with these certification requirements, the JBE shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000. The post-contract certification form shall include: (1) the total amount of money Contractor received under the Agreement, (2) the total amount of money and the percentage of work that Contractor committed to provide to each DVBE subcontractor; (3) the name and address of each DVBE subcontractor to which Contractor subcontracted work in connection with the Agreement; (4) the amount of money each DVBE subcontractor actually received from Contractor in connection with the Agreement, and the corresponding percentage this payment comprises of the total amount of money Contractor received under the Agreement; and (5) that all payments under the Agreement have been made to the applicable DVBE subcontractors. Upon request by the JBE, Contractor shall provide proof of payment for the work. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. Contractor will comply with all rules, regulations, ordinances and statutes that govern the DVBE program, including, without limitation, Military and Veterans Code section 999.5.

  • EXTENSION OF USE COMMITMENT The Contractor agrees to honor all orders from State Agencies, political subdivisions and others authorized by law (see Section 25 Extension of Use) which are in compliance with the pricing, terms, and conditions set forth in the Contract. Any unilateral limitations/restrictions imposed by the Contractor on eligible Authorized Users will be grounds for cancellation of the Contract.

  • STAFF COMMITMENT 23. If this Settlement Agreement is accepted by the Hearing Panel, Staff will not initiate any proceeding under the By-laws of the MFDA against the Respondent in respect of the facts set out in Part IV and the contraventions described in Part V of this Settlement Agreement, subject to the provisions of Part IX below. Nothing in this Settlement Agreement precludes Staff from investigating or initiating proceedings in respect of any facts and contraventions that are not set out in Parts IV and V of this Settlement Agreement or in respect of conduct that occurred outside the specified date ranges of the facts and contraventions set out in Parts IV and V, whether known or unknown at the time of settlement. Furthermore, nothing in this Settlement Agreement shall relieve the Respondent from fulfilling any continuing regulatory obligations.

  • Maximum Commitment The maximum aggregate amount payable by NYSERDA to the Contractor shall be the amount appearing at Item 5 of page one of this Agreement. NYSERDA shall not be liable for any costs or expenses in excess of such amount incurred by the Contractor in the performance and completion of the Work.

  • Line Outage Costs Notwithstanding anything in the NYISO OATT to the contrary, the Connecting Transmission Owner may propose to recover line outage costs associated with the installation of Connecting Transmission Owner’s Attachment Facilities or System Upgrade Facilities or System Deliverability Upgrades on a case-by-case basis.

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

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