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.
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 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.
Examples of Excusable Downtime in a sentence
Platform Availability 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”).
More Definitions of Excusable Downtime
Excusable Downtime includes any event that: • is caused by components which are not Pressbooks' responsibility; • is caused by Partner or its Users (including their respective representatives or agents), or the equipment or software of any of the foregoing; • is a planned downtime, i.e., an interruption of the Platform as announced by Pressbooks. Partner will be notified at least 24 hours in advance; • is the result of a force majeure event.
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.
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.
Excusable Downtime means the time the Service are Unavailable for reasons due to any of the following: ● Unauthorized use or misuse of the Service by Customer;● Scheduled Maintenance;● Customer errors or requests that require service outages approved by Customer in writing; or● Factors outside Sigma’s reasonable control, including but not limited to outages caused by the failure of or attacks on public network or communications components or external service providers.
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 for a particular month means the total number of minutes during such month that the Subscription Service was offline resulting from (i) Scheduled Maintenance and other planned service outages,
Excusable Downtime means, of the Scheduled Uptime, the aggregate amount of time in any calendar month during which the Platform is unavailable for access and use by Authorized Users due to a Force Majeure Event which is excusable under Section 9.1 of the Agreement.