Excusable Downtime definition

Excusable Downtime means the total minutes in the Measurement Window during which the Software or the Hosting Environment (as applicable) was not available due to (a) any negligent or wrongful act or omission by Customer or its users; (b) any negligent or wrongful act or omission by Third-Party Vendors; or (c) any force majeure events or disruption in public internet access.

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Excusable Downtime includes any event that:

Excusable Downtime will mean, of the Scheduled Uptime, the aggregate amount of time in any month during which each Application System is down and directly due to a Force Majeure event, which failure is not attributable to a data pool’s failure to exercise due care including, without limitation, failure to provide proper preventative or remedial maintenance due to the Force Majeure event.

Examples of Excusable Downtime in a sentence

• Excusable Downtime shall not include (a) an electronic hardware failure; (b) a failure in the Supplier’s Application; (c) an electric utility failure at Supplier’s facility where the Application is hosted; or (d) a network failure up to, but not including, the interconnection point of Supplier’s network to the public switched telephone network.

• Pressbooks will make the Platform available over the internet 24 hours a day, 7 days a week, 365 days a year, including statutory holiday, less Excusable Downtime (as defined below) for an average of 99% over a calendar month (hereinafter “Uptime”).

• Supplier guarantees the Application will be available for use at least ninety-nine percent (99%) of the total time during each month, excluding Excusable Downtime.

• The Application will be made available to DMAS and/or designated Application Users, as specified in the Contract documents, twenty-four (24) hours a day, seven (7) days a week (“Uptime”) less Excusable Downtime.

• Subject to Client satisfying its obligations herein, UA guarantees that the Service will be available to Client and its Licensed Users at least 99% of the time during each calendar month, excluding Excusable Downtime ("Uptime Commitment").

More Definitions of Excusable Downtime

Excusable Downtime means, during planned Scheduled Uptime, the aggregate amount of time in any calendar month during which the System or Network is not Available for use by Customer due to action or inaction by Customer, anyone acting by, through or under Customer, or for any other reason aside from the acts or omissions of Company, or anyone acting by, through or under Company, which in any such case constitutes a breach of the Agreement.

Excusable Downtime means, out of the Scheduled Uptime, the aggregate number of hours in any calendar month during which the Host System and/or each defined Critical System Process is down due to action or inaction by Certegy or due to a Force Majeure Event, which failure is not attributable to IBM's failure to exercise due care including, without limitation, failure to provide proper preventive or remedial maintenance.

Excusable Downtime means and includes: (a) maintenance Services performed during the Maintenance Windows, as defined in this Exhibit; (b) unscheduled maintenance Services performed up to eight (8) hours per month; (c) any time spent by NICE in its performance of any additional Services requested by the Customer pursuant to Section 5 of this Exhibit; or (d) Customer-caused outages or disruptions; (e) outages caused by:

Excusable Downtime means any period of scheduled maintenance and any period during which any Services are unavailable as a direct consequence of any breach of this Agreement by the Client, the negligence of the Client or its employees, servants or agents, any defect in any website (other than any defect caused by an act or omission of the Company), any incompatibility between platform software and content and any defect in any software provided by the Client to the Company;

Excusable Downtime. Downtime resulting from any of the causes set out in paragraph 6

Excusable Downtime means of the Scheduled Uptime, the aggregate number of hours in any month during which the Application Server is not actually available to process transactions initiated by End Users due to (i) action or inaction by Buyer, (ii) failure of any Application Software other than Application Software developed internally by @Road, which failure is not attributable to @Road's failure to exercise due care, (iii) failure of any telecommunications facilities, which failure is not attributable to @Road's failure to exercise due care, (iv) failure of any hardware other than the Application Server, which failure is not attributable to @Road's failure to exercise due care, (v) failure of any external services, which failure is not attributable to @Road's failure to exercise due care, or (vi) a Force Majeure Event (as defined in Section 15 of this Agreement), which failure is not attributable to @Road's failure to exercise due care.

Excusable Downtime means and includes: (a) maintenance Services performed during the Maintenance Windows, as defined in Exhibit A; (b) maintenance Services performed on an emergency basis to avoid harm to NICE, Customer, or the Cloud Services; (c) any time spent by NICE in its performance of any additional Services requested or agreed to by Customer; (d) Customer-caused outages or disruptions; (e) outages or disruptions caused by: (i) software, infrastructure, databases, operator error or hardware not provided or controlled by NICE, (ii) disruptions attributable to Force Majeure Events, or (iii) configuration changes not made by NICE; or (f) Network Connectivity issues.