Permitted Unavailability definition

Permitted Unavailability includes Planned Outages (as defined below) and any unavailability due to causes beyond the reasonable control of CCH, including, without limitation: any software, hardware, or telecommunication failures; interruption or failure of telecommunication or digital transmission links; Internet slow-downs or failures; failures or default of third party software, vendors, or products; and unavailability resulting from the actions or inactions of Customer or a failure of Customer’s communications link or systems. “Planned Outages” means the period of time during which CCH conducts standard systems maintenance. CCH shall use reasonable efforts to schedule Planned Outages during non- peak hours. In the event CCH fails to achieve the Availability Requirement, CCH shall use commercially reasonable efforts to correct the interruption as promptly as practicable. In the event CCH fails to achieve the Availability Requirement in two consecutive months during the term of the Agreement, Customer may terminate the Agreement within thirty (30) days of the end of the second consecutive month, without further obligation and receive a prorated refund of any pre- paid, unused recurring fees. Such refund shall constitute Customer’s sole and exclusive remedy and CCH’s sole and exclusive liability for failure to achieve the Availability Requirement.
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Permitted Unavailability means unavailability of the Hosted Software due to Planned Outages, a force majeure event (as provided in Section 11.8), any software, hardware, or telecommunication or digital transmission failures or interruptions, Internet slow-downs or failures, third party software, hardware, or service failures, or any actions or inactions of Customer or Customer’s vendors or service providers, that prevents, limits, or degrades the availability or use of some or all of the Hosted Software.
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Permitted Unavailability means an occurrence where a Facility has been rendered unavailable for use by the Transmission Administrator as a result of an Approved Outage.
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Examples of Permitted Unavailability in a sentence

  • The Effacts Service will be available for access and use by Customer an average of at least ninety-nine percent (99%) of the time during each month during the term for such services (the “Availability Requirement”), excluding any period of Permitted Unavailability (as defined below).

  • If Customer has selected the Hosted Software, VUEWORKS offers a performance commitment that the key features of the Hosted Software will be available for access and use by Customer at least 99% of the time per calendar quarter, excluding any period of Permitted Unavailability (the “Uptime Commitment”).

  • The Legisway Essentials Service will be available for access and use by Customer an average of at least ninety-nine and nine-tenth of one percent (99.9%) of the time during each month during the term for such services (the “Availability Requirement”), excluding any period of Permitted Unavailability (as defined below).

  • We will use com- mercially reasonable efforts to make the Services available for your access and use, as contemplated under this Agreement, an average of at least ninety-nine (99%) of the time during each month during the Term (the “Availability Requirement”), excluding any period of Permitted Unavailability.

  • In EAL’s view, a GFO, acting prudently, will have no trouble meeting the already generous response times except in cases where the Facility is incapable of responding, which cases are already adequately covered by Forced Outage, Force Majeure, and Permitted Unavailability provisions.

  • Customer modifications to or uses of the Software or Hosted Software that are not authorized by VUEWORKS or permitted under this Agreement, (ii) Permitted Unavailability or (iii) Customer errors in integration.

  • Code/Addendum: 05.26, S1.01 JustificationThe Arkansas Game and Fish Commission approved the carcass importation restriction in October 2005 as an attempt to decrease Arkansas’s chances of acquiring CWD via infected carcass importation.

  • In addition, VUEWORKS will not be responsible for periods of unavailability resulting from any of the following: (i) Customer modifications to or uses of the Software or Hosted Software that are not authorized by VUEWORKS or permitted under this Agreement, (ii) Permitted Unavailability or (iii) Customer errors in integration.

  • Subject to Permitted Unavailability or Forced Outage (to the extent the Facility is subject to Forced Outage), from and after COD, the Generating Facility Owner shall accept each Dispatch Instruction (including the power factor specified by the System Controller such that the power factor shall be within the range specified in Section 4.1(e)(ii)) issued by the System Controller throughout the Term.

  • Rockwell Automation will use commercially reasonable efforts to make the Cloud Services available for Your access and use, as contemplated under this Addendum, an average of at least ninety-nine (99%) of the time during each month during the relevant License Term (the “Availability Requirement”), excluding any period of Permitted Unavailability.


More Definitions of Permitted Unavailability

Permitted Unavailability means an occurrence of an Approved Outage or a Forced Outage which results in the Unit(s) being rendered unavailable to supply the TMR Services.
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Permitted Unavailability means any outage that results from (1) Scheduled Maintenance, (2) Customer's or any of its users’ unauthorized use of the Service; or (3) failures of the Internet backbone itself and the network by which Customer connects to the Internet backbone or any other network unavailability outside of the DTS Network (i.e., the DTS network extends to, includes and terminates at the data center located router that provides the outside interface of each of DTS’s WAN connections to its backbone providers (referred to herein as the “DTS Network”)).
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Permitted Unavailability includes Planned Outages (as defined below) and any unavailability due to causes beyond the reasonable control of CCH, including, without limitation: any software, hardware, or telecommunication failures;
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Related to Permitted Unavailability

  • Scheduled Unavailability Date has the meaning specified in Section 3.03(c).

  • Unavailability means the inability of an individual to manage property or business affairs because the individual is:

  • Benchmark Unavailability Period means, the period (if any) (a) beginning at the time that a Benchmark Replacement Date has occurred if, at such time, no Benchmark Replacement has replaced the then-current Benchmark for all purposes hereunder and under any Loan Document in accordance with Section 2.23 and (b) ending at the time that a Benchmark Replacement has replaced the then-current Benchmark for all purposes hereunder and under any Loan Document in accordance with Section 2.23.

  • Network Availability means the capability of the equipment to resume functions after a remotely initiated trigger has been detected by a network port;

  • Required Availability means Excess Availability and unrestricted cash and Cash Equivalents in an amount of not less than $5,000,000.

  • System Availability means, with respect to any particular calendar month, the ratio obtained by subtracting Unscheduled Downtime during such month from the Total Monthly Time, and thereafter dividing the difference so obtained by the Total Monthly Time. Represented algebraically, System Availability for any particular calendar month is determined as follows:

  • Service Availability The total number of minutes in a calendar quarter that the Tyler Software is capable of receiving, processing, and responding to requests, excluding maintenance windows, Client Error Incidents and Force Majeure.

  • Non-Availability Charges has the meaning set forth in the CAISO Tariff.

  • Weather Normalized Site EUI means the amount of Energy that would have been used by a property under 30-year average temperatures, accounting for the difference between average temperatures and yearly fluctuations.

  • Ramping Capability means the sustained rate of change of generator output, in megawatts per minute.

  • Undrawn Availability at a particular date shall mean an amount equal to (a) the lesser of (i) the Formula Amount, or (ii) the Maximum Revolving Advance Amount, minus the Maximum Undrawn Amount of all Letters of Credit, minus (b) the sum of (i) the outstanding amount of Revolving Advances, plus (ii) amounts due and owing to any Borrower’s trade creditors which are outstanding sixty (60) days or more past the due date thereof.

  • Availability Block means $15,000,000.

  • Maximum Availability has the meaning set forth in Section 2.1.1.

  • Usable marijuana means the dried leaves and flowers of marijuana, and any mixture or preparation thereof, and does not include the seeds, stalks, and roots of the plant.

  • Available Flowgate Capability or “AFC” shall mean the rating of the applicable Flowgate less the projected loading across the applicable Flowgate less TRM and CBM. The firm AFC is calculated with only the appropriate Firm Transmission Service reservations (or interchange schedules) in the model, including recognition of all roll-over Transmission Service rights. Non- firm AFC is determined with appropriate firm and non-firm reservations (or interchange schedules) modeled.

  • Availability Amount is (a) the lesser of (i) the Revolving Line or (ii) the amount available under the Borrowing Base minus (b) the outstanding principal balance of any Advances.

  • Average Availability means, with respect to any period, the sum of the aggregate amount of Availability for each Business Day in such period (calculated as of the end of each respective Business Day) divided by the number of Business Days in such period.

  • Routine use means the disclosure of a record without the consent of the subject or subjects, for a purpose which is compatible with the purpose for which the record was collected. It includes disclosures required to be made by statute other than the public records law, Iowa Code chapter 22.

  • Borrowing Base Availability means, at the time of any determination, an amount equal to the lesser of the Borrowing Base at such time and the aggregate amount of the Commitments at such time.

  • Borrowing Base Utilization Percentage means, as of any day, the fraction expressed as a percentage, the numerator of which is the sum of the Revolving Credit Exposures of the Lenders on such day, and the denominator of which is the Borrowing Base in effect on such day.

  • Utilization means public usage of the subway, bus, railroad

  • Fluoroscopic imaging assembly means a subsystem in which X-ray photons produce a visual image. It includes the image receptor(s) such as the image intensifier and spot-film device, electrical interlocks, if any, and structural material providing linkage between the image receptor and diagnostic source assembly.

  • Single use means products or items that are intended for one-time, one-person use and are disposed of after use on each client, including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups, and protective gloves.

  • Revolving Availability means Class A Revolving Availability or Class B Revolving Availability, as applicable.

  • Monitoring System means a system established by BNY to fulfill the Responsibilities specified in clauses (d) and (e) of Section 1 of Article III of this Agreement.