Uptime, Uptime Clause, Uptime Provision

A clause in a contract that specifies that a delivered system, equipment or plant should be operational for a minimum proportion of the time in any given period – usually referred to as the Uptime Percentage.  Uptime provisions will have a denominator that will typically be a day (24 hours) week, month or year.  They will often be linked with liquidated damages provisions or specified remedies, such as providing backup equipment at the vendor’s cost.

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