Excluded definition

Excluded means any outage that results from any of the following:

Excluded means the following: (i) unavailability caused by circumstances beyond our reasonable control, including, without limitation, act of God, acts of government, emergencies, natural disasters, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or any other force majeure event or factors; (ii) any problems resulting from Customer's combining or merging the Subscription Service with any hardware or software not supplied by us or not identified by us in writing as compatible with the Subscription Service; (iii) interruptions or delays in providing the service resulting from telecommunications or internet service provider failures outside of our datacenter as measured by our third party website availability monitoring provider; and (iv) any interruption or unavailability resulting from the misuse, improper use, alteration, or damage of the Subscription Service.

Excluded means excluded subject to the occurrence of mutation;

Examples of Excluded in a sentence

• Notwithstanding anything in this Agreement to the contrary, the Parent Group and the Seller Group shall have the right to retain the Excluded Books and Records (subject to the obligations to deliver certain records to Buyer as set forth in the definition of Excluded Books and Records).

• Seller shall have the right to control, at its own cost and expense, any Third Party Claim that is a Tax Contest with respect to a Pre-Closing Return which, if decided adversely, would be expected to constitute an Excluded Liability under this Agreement; provided, that Seller shall allow Buyer a reasonable opportunity to participate in the defense of such Tax Contest with its own counsel and at its own cost and expense.

• Seller shall bear all costs and Liabilities related to the termination of employment or services of any Business Employee who is neither an Offer List Employee nor a Retained Business Employee, or who is an Offer List Employee but does not accept an offer of continued employment from Buyer or one of its Affiliates that complies with the terms of Section 9.7(b) and Section 9.7(d), and all such Liabilities shall be Excluded Liabilities for purposes of this Agreement.

• Buyer shall have a reasonable opportunity to review and comment on (x) all Separation Documents that will effect the transfer or retention of any Transferred Assets or Excluded Assets or the assumption or retention of any Assumed Liabilities or Excluded Liabilities, (y) all Separation Documents to separate Shared Contracts and (z) the Separation Documents described in the second sentence of Section 8.11(g).

• Notwithstanding the generality of the foregoing, nothing herein constitutes a waiver, release or covenant not to bring a proceeding by the Parent Group or the Seller Group of: (x) claims or rights arising under any Transaction Agreement (including related to any Excluded Assets or Assumed Liabilities) or (y) claims with respect to Fraud or that cannot be released under applicable Law.

More Definitions of Excluded

Excluded. Any plumbing lines encased in concert. U. ELECTRICAL SYSTEM INCLUDED: Standard mechanical parts or components located within the perimeter of the outer load bearing walls consisting of the following: ceiling fan motors and their controls (excluding transmitters and remotes); 2 garage door openers; interior standard light switches, outlets, junction boxes, ground fault interruptions, main breaker or fuse panel/box receptacles and general line voltage wiring. EXCLUDED: Batteries; direct current (DC) wiring and systems; exterior wiring and components (except main panels mounted to exterior wall); any wiring or components servicing a detached structure; fire, smoke or carbon monoxide alarm and/or detection systems and batteries; doorbells; intercom equipment; garage door assemblies including door panels, tracks, rollers, hinges, cables and springs; intercom or speaker systems; lighting fixtures, load control devices; low voltage systems including wiring and relays; sending units, service entrance cables; telephone systems; timers; touch pad assemblies; transmitters and remotes; utility meter base pans; and wall fans. Failures and conditions caused by inadequate wiring capacity, circuit overload and power failure/shortage or surge, are not covered.

Excluded individuals or entities are individuals or entities that have been excluded from participating, but not reinstated, in the Medicare, Medicaid, or any other Federal health care programs. Bases for exclusion include convictions for program-related fraud and patient abuse, licensing board actions and default on Health Education Assistance loans. If the PAYOR finds that the PROVIDER has a “prohibited relationship”, as defined above, the PAYOR:

Excluded individuals or entities are individuals or entities that have been excluded from participating, but not reinstated, in the Medicare, Medicaid, or any other Federal health care programs. Bases for exclusion include convictions for program-related fraud and patient abuse, licensing board actions and default on Health Education Assistance loans. Federal regulations require PIHPs to disclose information about individuals with ownership or control interests in the PIHP. These regulations also require the PIHP to identify and report any additional ownership or control interests for those individuals in other entities, as well as identifying when any of the individuals with ownership or control interests have spousal, parent-child, or sibling relationships with each other. The PIHP shall comply with the federal regulations to obtain, maintain, disclose, and furnish required information about ownership and control interests, business transactions, and criminal convictions as specified in 42 C.F.R. §455.104-106. In addition, the PIHP shall ensure that any and all contracts, agreements, purchase orders, or leases to obtain space, supplies, equipment or services provided under the Medicaid agreement require compliance with 42 C.F.R. §455.104-106.

Excluded. All employees with appointments of 90 days or less, Commissioned Corps personnel, management officials, supervisors, and employees described in 5 U.S.C. 7112(b)(2), (3), (4), (6), and (7).

Excluded has the meaning set forth in Section 11.1.6.

Excluded means the claims were eliminated from further use.

Excluded means the total number of minutes in the calendar month where the Cloud Services is Unavailable in the applicable Region due to Scheduled Downtime or any of the Exceptions. The service levels and Service Credits set forth in this Exhibit A do not apply to on-premises software licensed as part of Customer’s subscription.