Calculation of Availability Credits Sample Clauses

Calculation of Availability Credits. If Company fails to meet the Service Availability Requirement for a particular calendar month during the Term, during the subsequent thirty (30) day period, Customer may request in writing (which request will specify the dates and times of unavailability instances that Customer is claiming) for Company to issue to Customer a credit against any Fees payable by Customer to Company under this Agreement for any subsequent invoice equal to the At Risk Amount for the applicable calendar month (“Service Availability Credit”). If the failure to meet the Service Availability Requirement is confirmed by Company, Company will issue the Service Availability Credit in accordance with this Section 1.3. Customer may not request, and Company shall not issue, any Service Availability Credits for a particular calendar month after the applicable thirty (30) days request period has ended. The foregoing shall be Customer’s sole and exclusive remedy for such failure.
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Calculation of Availability Credits. If QOMPLX fails to meet the Service Availability Requirement for a particular calendar month during the Term, during the subsequent thirty (30) day period, Customer may request in writing (which request will specify the dates and times of unavailability instances that Customer is claiming) for QOMPLX to issue to Customer a credit against any Fees payable by Customer to QOMPLX under this Agreement for any subsequent invoice equal to the At Risk Amount for the applicable calendar month (“Service Availability Credit”). If the failure to meet the Service Availability Requirement is confirmed by QOMPLX, QOMPLX will issue the Service Availability Credit in accordance with this Section 1.3. QOMPLX shall not be required to issue any Service Availability Credits for a particular calendar month after the applicable thirty (30) days request period has ended. The foregoing shall be considered not a penalty but liquidated damages and shall be Customer’s sole and exclusive remedy for such failure.

Related to Calculation of Availability Credits

  • Funding Availability This Contract is at all times subject to state appropriations. The Department makes no express or implied representation or guarantee of continued or future funding under this Contract. The Department has, as of the date of the execution of this Contract, obtained all requisite approvals and authority to enter into and perform its obligations under this Contract, including, without limitation, the obligation to make the initial payment or payments required to be made under this Contract on the date or dates upon which such initial payment or payments may otherwise be disbursed during the current contract period, (i.e., Sept ember 1, 2015, through August 31, 2017). The Grantee acknowledges the Department’s authority to make such payments is contingent upon the Texas Legislature's appropriation to the Department of sufficient funds and the availability of funds to the Department for such purpose. If the State of Texas or the federal government terminates its appropriation through the Department or fails to pay the full amount of the allocation for the operation of any grant or reimbursement program hereunder , or the funds are otherwise unavailable, the Department may immediately and without penalty reduce payments or terminate this Contract, in whole or in part. Upon termination of the Contract or reduction of payments, the Grantee shall return to the Department any unexpended funds already disbursed to the Grantee. Neither the Department nor the State of Texas shall incur liability for damages or any loss that may be caused or associated with such termination or reduction of payments. The Department shall not be required to give prior notice for termination or reduction of payments.

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.

  • Funds Availability For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays and legal banking holidays in the State of Utah.

  • EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.

  • System Availability System Availability percentage is calculated as follows:  Total MinutesintheMonth −Downtime   System Availability%age =  Total MinutesintheMonth *100    System Availability SLA (“SLA”) 99.5% System Availability percentage during each Month for productive versions Credit 2% of Monthly Subscription Fees for each 1% below SLA, not to exceed 100% of Monthly Subscription Fees Excluded Downtime Total Minutes in the Month attributable to: (i) a Scheduled Downtime for which a Regular Maintenance Window is described in Section 4 below, or (ii) any other Scheduled Downtime according to Section 4 for which the customer has been notified at least five (5) business days prior to such Scheduled Downtime or (iii) unavailability caused by factors outside of SAP’s reasonable control, such as unpredictable and unforeseeable events that could not have been avoided even if reasonable care had been exercised. Scheduled Downtime Scheduled Downtime for the applicable Cloud Services to which customer has subscribed is set forth in Section 4 below entitled “Maintenance Windows for Cloud Services”.

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • Mileage Rates The mileage rate shall be the maximum allowed by the Internal Revenue Service. If the IRS rate should change during the term of the contract, the contract rate shall change also on the date specified by the IRS.

  • Mileage Rate The mileage rate for authorized travel – based on State of Florida rates on the Effective Date of this Agreement – is $0.445 per mile.

  • Fund Availability Financial obligations of the University payable after the current Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.

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