Availability and Uptime Calculation Clause Samples

Availability and Uptime Calculation. The Licensor shall employ best efforts so that the Solution is provided with an Uptime Availability Percentage of not less than 99% in each calendar month during the term (the “Uptime Service Level”). Any down time, calculated using the 100% - “Uptime Availability Percentage” will be added as service credits. The “Uptime Availability Percentage” will be calculated using the following formula: UP = (HM – HU)*100/HM where: UP = Uptime Availability Percentage HM = the number of hours in any given month less any Excluded Unavailable Hours HU = the total number of hours in the given month during which the Solution was unavailable, calculated from the time the service problem is registered with the Licensor and ending when the relevant service is restored to the extent that the system is operating substantially in conformance with the Specification. Let use a 31 day month as a worked example and assume the Solution was down for 48 hours (two full days). UP = (31x24 - 48) * 100 / 31 x 24 UP = (744 - 48) * 100 / 744 UP = 696 * 100 / 744 UP = 93.55% This would give a service credit equal to 6.45% of that month's fees