Common use of Calculation of Availability Credits Clause in Contracts

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.