Common use of Service Interruption Clause in Contracts

Service Interruption. Licensor shall use reasonable efforts to make the Licensed Materials available to Licensee and Members at all times and on a twenty-four hour basis, save for routine maintenance (for which Licensor shall notify Licensee in advance), and to restore access to the Licensed Materials as soon as possible in the event of an interruption or suspension of the service. Routine maintenance will be performed at a time designed to minimize inconvenience to Licensee, Members and Authorized Users. The Licensor shall use reasonable efforts to ensure that total downtime will not exceed 2% per month. The 2% downtime includes periodic unavailability due to maintenance of the Platform, the installation or testing of software, the loading of additional Licensed Materials as they become available, and downtime related to the failure of equipment or services. If the Licensed Materials fail to operate in conformity with the terms of this License Agreement, Licensee shall immediately notify Licensor, and Licensor shall promptly use reasonable efforts to restore access to the Licensed Materials as soon as possible. In the event that Licensor fails to repair the nonconformity in a reasonable time, Licensor shall (subject to agreement by the Licensee, but without limiting any other remedies available to the Licensee under this Agreement): • provide an additional discount or credit equivalent to the amount of the excessive downtime to the product on the next renewal; or • extend the license term by an amount of time equal to the nonconformity; or • provide a refund of the Fee corresponding to the amount of downtime.

Appears in 4 contracts

Samples: License Agreement, License Agreement, License Agreement

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Service Interruption. Licensor shall use reasonable efforts to make the Licensed Materials available to Licensee and Members at all times and on a twenty-four hour basis, save for routine maintenance (for which Licensor shall notify Licensee in advance), and to restore access to the Licensed Materials as soon as possible in the event of an interruption or suspension of the service. Routine maintenance will be performed at a time designed to minimize inconvenience to Licensee, Members and Authorized Users. The Licensor shall use reasonable efforts to ensure that total downtime will not exceed 2% per month. The 2% downtime includes periodic unavailability due to maintenance of the Platform, the installation or testing of software, the loading of additional Licensed Materials as they become available, and downtime related to the failure of equipment or services. If the Licensed Materials fail to operate in conformity with the terms of this License Agreement, Licensee shall immediately notify Licensor, and Licensor shall promptly use reasonable efforts to restore access to the Licensed Materials as soon as possible. In the event that Licensor fails to repair the nonconformity in a reasonable time, Licensor shall (subject to agreement by the Licensee, but without limiting any other remedies available to the Licensee under this Agreement): provide an additional discount or credit equivalent to the amount of the excessive downtime to the product on the next renewal; or extend the license term by an amount of time equal to the nonconformity; or provide a refund of the Fee corresponding to the amount of downtime.

Appears in 2 contracts

Samples: License Agreement, Springer Nature Canada Consortium

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Service Interruption. Licensor shall use reasonable efforts to make the Licensed Materials available to Licensee and Members at all times and on a twenty-four four-hour basis, save for routine maintenance (for which Licensor shall notify Licensee in advance), and to restore access to the Licensed Materials as soon as possible in the event of an interruption or suspension of the service. Routine maintenance will be performed at a time designed to minimize inconvenience to Licensee, Members and Authorized Users. The Licensor shall use reasonable efforts to ensure that total downtime will not exceed 2% per month. The 2% downtime includes periodic unavailability due to maintenance of the Platform, the installation or testing of software, the loading of additional Licensed Materials as they become available, and downtime related to the failure of equipment or services. If the Licensed Materials fail to operate in conformity with the terms of this License Agreement, Licensee shall immediately notify Licensor, and Licensor shall promptly use reasonable efforts to restore access to the Licensed Materials as soon as possible. In the event that Licensor fails to repair the nonconformity in a reasonable time, Licensor shall (subject to agreement by the Licensee, but without limiting any other remedies available to the Licensee under this Agreement): • provide an additional discount or credit equivalent to the amount of the excessive downtime to the product on the next renewal; or • extend the license term by an amount of time equal to the nonconformity; or • provide a refund of the Fee corresponding to the amount of downtime.

Appears in 1 contract

Samples: License Agreement

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