Balancing Credits Sample Clauses

Balancing Credits. For purposes of this Section “Contract Month” means each successive thirty (30) day period following the effective date of this Agreement. Beginning the first Contract Month in which CDPH sends an average of 125,000 samples per day to Contractor for testing under this Agreement (the “Full Run Rate Month”), in each Contract Month that CDPH sends an average of greater than 115,000 samples per day to Contractor for testing, Contractor shall credit CDPH pro rata on a per sample basis until the average of all Variable Fees paid on all samples sent to Contractor for testing under this Agreement reaches $16.24 (the “Balancing Credit”). The total amount of the Balancing Credit under this Section 1(E)(4)(b) will be an amount equal to the difference between: i) the total Variable Fees actually paid or payable by CDPH for testing performed by Contractor under this Agreement before reaching the Full Run Rate Month, less ii) the product of a) $16.24 and b) the total number of tests actually performed prior to the Full Run Rate Month. The Balancing Credit shall be credited pro rata against amounts payable for the reportable results beginning in the Full Run Rate Month equal to: i) the difference between the product of a) 125,000, b) the number of Contract Months before the Full Run Rate Month, and c) 30, and ii) the number of tests actually performed by Contractor under this agreement prior to the Full Run Rate Month. Beginning the Contract Month in which CDPH sends an average of 130,000 samples per day to Contractor for testing under this Agreement, the Balancing Credit will be recalculated with such Contract Month being the new Full Run Rate Month. From that point forward, in each Contract Month that CDPH sends an average of greater than 120,000 samples per day to Contractor for testing, Contractor shall provide a Balancing Credit with a Variable Fee per test of $15.33. Beginning the Contract Month in which CDPH sends an average of 140,000 samples per day to Contractor for testing under this Agreement, the Balancing Credit will be recalculated with such Contract Month being the new Full Run Rate Month. From that point forward, in each Contract Month that CDPH sends an average of greater than 130,000 samples per day to Contractor for testing, Contractor shall provide a Balancing Credit with a Variable Fee per test of $14.40. Beginning the Contract Month in which CDPH sends an average of 150,000 samples per day to Contractor for testing under this Agreement, the Balanci...
Sample 1
AutoNDA by SimpleDocs

Related to Balancing Credits

  • Balancing Full load hours for combined assignments other than those specified above shall be determined by the following formula: Hours of assignment, Type 1 + Hours of assignment, Type 2 + Hours of assignment, Type 3 = 1 Full load for assignment Full load for assignment Full load for assignment Type 1 Type 2 Type 3 Underload shall be balanced within the following three (3) regular semesters if possible. The faculty member may, at the member’s option, use load from summer sessions to balance an underload. To balance the underload, a unit member may be assigned to no more than two colleges, unless the unit member agrees to other arrangements. The maximum required assignment shall be 1.25 FTE per semester until the underload is eliminated.

  • Service Level Credits If Verint does not meet the Uptime Percentage levels specified below, Customer will be entitled, upon written request, to a service level credit (“Service Level Credit”) to be calculated, with respect to the applicable Hosted Environment, as follows: • If Uptime Percentage is at least 99.95% of the month’s minutes, no Service Level Credits are provided; or • If Uptime Percentage is 99.75% to 99.94% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is 99.50% to 99.74% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 7.5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is less than 99.50% of the month’s minutes, Customer will be eligible for a credit of 10.0% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint. Customer shall only be eligible to request Service Level Credits if Customer notifies Verint in writing within thirty (30) days from the end of the month for which Service Level Credits are due. All claims will be verified against Verint’s system records. In the event after such notification Verint determines that Service Level Credits are not due, or that different Service Level Credits are due, Verint shall notify Customer in writing on that finding. With respect to any Services Level credits due under Orders placed directly by Customer on Verint, Service Level Credits will be applied to the next invoice following Customer’s request and Verint’s confirmation of available credits; with respect to any Service Level Credits due for SaaS Services under Orders placed on Verint by a Verint authorized reseller on Customer’s behalf, Service Level Credits will be issued by such reseller following Customer’s request and Verint’s confirmation of available credits and such Services Level Credits may only be used by Customer with respect to subsequent purchases of Verint offerings through that reseller. Service Level Credits shall be Customer’s sole and exclusive remedy in the event of any failure to meet the Service Levels. Verint will only provide records of system availability in response to Customer’s good faith claims.

  • Offsets and Credits Any amounts due from Vendor may be applied by Citizens against any amounts due to Vendor. Any such amounts that are not so applied shall be paid to Citizens by Vendor within thirty (30) calendar days following Citizens' request.

  • Credits An employee shall earn sick leave credits at the rate of nine decimal three seven five (9.375) hours for each calendar month for which such employee receives pay for at least seventy-five (75) hours.

  • The Credits 23 SECTION 2.01. Commitments..........................................23

  • Transmission Credits No later than thirty (30) days prior to the Commercial Operation Date, the Interconnection Customer may make a one-time election by written notice to the CAISO and the Participating TO to receive Congestion Revenue Rights as defined in and as available under the CAISO Tariff at the time of the election in accordance with the CAISO Tariff, in lieu of a refund of the cost of Network Upgrades in accordance with Article 11.4.1.

  • Service Credits Employees on pregnancy leave shall be entitled to normal accumulation of service credits for the duration of the pregnancy leave.

  • Interconnection Points 8.5.1 The IP of a Party (“Receiving Party”) for Measured Internet Traffic delivered to the Receiving Party by the other Party shall be the same as the IP of the Receiving Party for Reciprocal Compensation Traffic under Section 7.1 above.

  • Imbalances The parties hereto recognize that with respect to Section 2.01, on any Day, receipts of gas by Union and deliveries of gas by Union may not always be exactly equal, but each party shall cooperate with the other in order to balance as nearly as possible the quantities transacted on a daily basis, and any imbalances arising shall be allocated to the Facilitating Agreements and shall be subject to the respective terms and charges contained therein, and shall be resolved in a timely manner.

  • Financing Arrangements (a) The Owner will obtain the Project Loan which shall be sufficient, together with the Owner's equity contributions, to pay the full amount of the costs to construct the Project in accordance with the development budget. The Owner and the Developer also contemplate that the Property and the Project, together with all fixtures, furnishing, equipment, and articles of personal property now owned or hereafter acquired by the Owner which are or may be attached to or used in connection with the Property or the Project, together with any and all replacements thereto and substitutions therefor, and all proceeds thereof; and all present and future rents, issues, leases, and profits of the Property and the Project will serve as security for the payment obligations to any lenders relating to the Project Loan or otherwise, and that the Owner will be the principal obligor for the repayment of all financial obligations thereunder after the transfer of title to the Owner. The Owner therefore, agrees to execute and deliver all commitments, promissory notes, mortgages, collateral assignments, documents, certificates, affidavits, and other writings required to be executed by any lender in connection with such financing.

Time is Money Join Law Insider Premium to draft better contracts faster.