Permitted Downtime means the following: (a) Inoperability due to any scheduled or emergency maintenance (occurring during the Scheduled Maintenance Periods or Emergency Maintenance Periods); (b) Problems caused by Customer or its telecommunications and Internet services; (c) Problems caused by software or hardware not provided or controlled by Qubit or any third-party service to which customer subscribes (e.g., web-hosting services); (d) Problems due to Force Majeure events, as provided in the Agreement, and acts of war or nature; (e) Problems due to acts or omissions of Customer, its agents, employees or contractors; (f) Problems due to defects in software provided by Customer that Qubit could not have discovered through the exercise of reasonable diligence prior to the failure; (g) Problems due to Customer’s failure to implement changes in equipment or software reasonably recommended by Qubit in writing as essential to maintaining service levels following a Customer directed change in the operating environment; (h) Inoperability due to a Customer driven increase in demand for system resources that has not allowed Qubit a reasonable time to accommodate; (i) Problems due to operation under a disaster recovery plan (assuming Qubit has complied with its material obligations with respect thereto); (j) Provision of the Products after expiration of the Agreement; (k) Any failures of Customer to abide by the Notification clauses of this SLA; (l) Negligent or intentional misuse of the Product or Additional Services by Customer; (n) “Beta”, “Tester” or “limited availability” products, features and functions identified as such by Qubit; (o) Software that has been subject to unauthorised modification by Customer; and (p) Qubit’s suspension or termination of the Product and Additional Services in accordance with the Agreement and/or its associated Sales Order Form.
Permitted Downtime means downtime that occurs as part of Spanning's maintenance activities where Customer has been notified of the outage before it occurs. If Spanning does not meet the Service Availability Goal for a given month during the term of a subscription and Customer meets its obligations under this SLA, Customer will receive Service Credits per the schedule below. Monthly Uptime Percentage: ● < 99.9% >= 99.0% → 5 Days Added to Subscription Term ● < 99.0% >= 95.0% → 10 Days Added to Subscription Term ● < 95.0% → 20 Days Added to Subscription Term
Examples of Permitted Downtime in a sentence
Notwithstanding anything to the contrary in this exhibit, any Unavailability issues resulting from or connected to any Permitted Downtime will be excluded from calculation of the Uptime Percentage.
In the event that Customer experiences any problem with respect to the Products that is not caused by a Permitted Downtime, Customer may notify the Qubit Help Desk team (see Qubit Help Desk Information above).
If Qubit fails to meet the relevant Resolution Time commitments for any issue not caused by Permitted Downtime five (5) times during a calendar month, Customer’s exclusive remedy and Qubit’s sole obligation will be for Customer to terminate the applicable Sales Order Form and receive a refund, on a pro rata basis, of any Subscription Fees paid by the Customer that are unused as of the termination effective date.
Downtime is the period in which the Services are not available for use by the Client and specifically excludes Permitted Downtime.
More Definitions of Permitted Downtime
Permitted Downtime means Downtime that is: (a) resolved in less than 5 seconds; (b) due to scheduled maintenance, upgrades or modifications relating to the Service, where Customer has received reasonable prior notice from Harmonic; (c) caused by or resulting from an Excluded Issue; (d) due to Customer’s breach of its obligations under the Agreement; (e) required by law or regulation as determined by Harmonic in its reasonable discretion; or (f) intentionally caused by Harmonic in its reasonable discretion as being necessary to protect the Service and/or Service customers from unauthorized access to the Service or a hacking or other cyber-attack on the Service.
Permitted Downtime means the unavailability of the Sabre System because of (i) scheduled downtime or (ii) Force Majeure events or other events beyond Sabre’s reasonable control.
Permitted Downtime means the period of time during which the Olo Rails API fails to be operational and available to End Users due to [***], of which Olo will give DoorDash [***].
Permitted Downtime means the following: o Inoperability due to any Scheduled Maintenance; o Problems caused by Customer's or its users' telecommunications or internet service; o Problems caused by software or hardware not provided or controlled by Showpad; o Problems due to force majeure events, as described in the Agreement; o Problems due to acts or omissions of Customer, its agents, employees or contractors; and o Problems due to operation under a disaster recovery plan (provided that Showpad has complied with its material obligations with respect thereto).
Permitted Downtime. (“PD”) means (i) planned service and maintenance about which the Customer has been informed in advance or (ii) other downtime at the request of the Customer or with the Customer’s approval.
Permitted Downtime means scheduled, emergency or other reasonable maintenance which results in periodic Service downtime. Annotate cannot and does not guarantee that access to the Annotate Software will be continuous or error free. Annotate shall not be liable for any loss suffered as a result of Annotate Software being unavailable (including, without limitation, as a result of Permitted Downtime).
Permitted Downtime means: (a) scheduled maintenance; (b) emergency maintenance; or (c) downtime caused in whole or part by Force Majeure. Permitted Purpose means use solely for the Customer’s internal business operations and, in respect of each Subscribed Services, also for the internal business of operations of the Authorised Affiliates identified in respect of that Subscribed Service on the Order Form, in each case in accordance with the applicable Documentation and our Agreement. Permitted Purpose expressly excludes any of the following to the maximum extent permitted by law: (a) copying, reproducing, publishing, distributing, redistributing, broadcasting, transmitting, modifying, adapting, editing, abstracting, storing, archiving, displaying publicly or to third parties, selling, licensing, leasing, renting, assigning, transferring, disclosing (in each case whether or not for charge) or in any way commercially exploiting any part of any Subscribed Service or Documentation; (b) permitting any use of any Subscribed Service or Documentation in any manner by any third party (including permitting use in connection with any timesharing or service bureau, outsourced or similar service to third parties or making any Subscribed Service or Documentation (or any part) available to any third party or allowing or permitting a third party to do any of the foregoing (other than to the Authorised Affiliates for the Permitted Purpose)); (c) combining, merging or otherwise permitting any Subscribed Service (or any part of it or any Application) to become incorporated in any other program or service, or arranging or creating derivative works based on it (in whole or in part); or (d) attempting to reverse engineer, observe, study or test the functioning of or decompile the Applications or the Services (or any part), except as expressly permitted under our Agreement.