ARCs Ceiling and RRCs Floor Sample Clauses

ARCs Ceiling and RRCs Floor. ARC Ceiling means the maximum percentage that the Vendor may charge ARCs above the ARC Deadband Baseline. RRC Floor means the minimum percentage that the Vendor may credit RRCs below the RRC Deadband Baseline. ARC Ceilings and RRC Floors are established to provide a means to evaluate and adjust pricing if there are material shifts in Monthly Actual Usage over a sustained period. In the event that the County Monthly Actual Usage is greater than the ARC Ceiling or less than the RRC Floor for a period of three (3) consecutive months, the Parties agree to mutually review and renegotiate in good faith such applicable RU items: Baselines and RU Fees. Table 4 below (ARC Ceiling and RRC Floor) identifies the factors that are to be used in calculating whether Monthly Actual Usage has exceeded those limits. The ARC Ceiling is to be calculated by multiplying the RU Baseline by the sum of one (1.00) plus the ARC Ceiling percentage. The RRC Floor is to be calculated by multiplying the RU Baseline by the sum of one (1.00) less the RRC Floor percentage. Upon the third (3rd) consecutive month that the County Monthly Actual Usage is greater than the ARC Ceiling or lower than the RRC Floor then, at the County’s sole election, the occurrence of such event shall constitute written notice to the Vendor of the County’s intent to renegotiate the applicable RU items, and the Parties shall have sixty (60) days there from to reach mutual agreement on an adjustment to such RU items. If no agreement is reached within the aforementioned sixty (60) day period, then the matter shall constitute a Disagreement and will be submitted to the dispute resolution process as set forth in the Agreement. During the period of such Disagreement, the baseline Resource Unit charge for the affected RUs will be reduced by ten percent (10%) if the Disagreement is triggered by usage exceeding the ARC Ceiling (as described herein). Conversely, the baseline Resource Unit charge for the affected RUs will be increased by ten percent (10%) if the Disagreement is triggered as a result of usage falling below the RRC Floor (as described herein). Any adjustments to pricing (ARC, RRC, Baselines, ARC Ceilings, RRC Floors) shall be retroactive to the date of the above-mentioned event. Notwithstanding the foregoing, until a mutual agreement is reached by the Parties on making adjustments to the RU items referenced above, the then-existing ARCs and RRCs will continue in effect. Data Center Services 20% 20% Desktop Serv...
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