Actual Operational Minutes

Actual Operational Minutes. Means, for any period, the Possible Operational Minutes in such period minus the aggregate number of minutes in such period during which traders are attempting to issue trades or obtain feeds through the Subscriber Systems but are unable to do so because of an outage caused by a failure of Instinet's power, air conditioning, equipment, networks or systems, or configuration or hardware, or by Instinet's operational errors, multiplied by the total number of end-users so unable to issue trades... through the Subscriber Systems during such period as a result of such failures. For the avoidance of doubt, Actual Operational Minutes shall not be reduced (i) after the Services Commencement Date, due to outages caused by flaws in the software installed on the Subscriber Systems, (ii) due to any outages caused by any modifications by Subscriber to any software installed on the Subscriber Systems or (iii) due to a Force Majeure Event. View More