Credits for Exceeding Targeted Downtimes. In the event theVENDOR Service experiences Downtime within the Scheduled Available Time that causes the VENDOR Service to fail to meet the 99.9% availability described above in B.4.1 in any month, because Enterprise Customer is pre-paying for a Contract Year in one lump sum payment rather than making monthly payments, VENDOR will, in each such instance where Enterprise Customer has opened a support ticket regarding such event, provide a credit to that portion of the Customer’s annual Fee that VENDOR received from Enterprise Customer that is attributable to such month in which VENDOR did not meet the required availability (calculated on a pro-rated monthly basis) for the subsequent Contract Year following such downtime or, if there is no subsequent Contract Year, at the end of the Term VENDOR will refund to Enterprise Customer, who will in turn refund to Enterprise Customer, a dollar amount equal to the dollar value of the credit(s), as per the following schedule: Uptime Achieved during Scheduled Available Time (Calculated each Month) Credit/Refund Available (against fees attributable to such month Less than 99.9% but more than 99.8% 10% Less than 99.8% but more than 99.7% 20% Less than 99.7% but more than 99.6% 30% Less than 99.6% but more than 99.5% 40% Less than 99.5% but more than 99.4% 50% Less than 99.4% but more than 99.3% 60% Less than 99.3% but more than 99.2% 70% Less than 99.2% but more than 99.1% 80% Less than 99.1% but more than 99.0% 90% Less than 99.0% 100% If Customer receives Service level credits three (3) or more times during any one Contract Year period under this Section B.4.3, Customer will have the right to terminate this Agreement and be refunded from Enterprise Customer an amount equal to the prepaid Fees for any period of the Term which has not yet occurred, with such refund to be paid by Enterprise Customer after Enterprise Customer receives a refund from VENDOR of the corresponding prepaid monies paid by Enterprise Customer to VENDOR in respect of Enterprise Customer under the I2 VENDOR Agreement, which VENDOR will promptly pay.
Credits for Exceeding Targeted Downtimes. In the event Box does not meet the 99.9% availability described above in B.4.1 in any month, because Enterprise Customer is pre-paying for a Contract Year in one lump sum payment rather than making monthly payments, Box will, in each such instance, provide a credit to that portion of the Customer’s annual Fee that Box received from Internet 2 that is attributable to such month in which Box did not meet the required availability (calculated on a pro-rated monthly basis) for the subsequent Contract Year following such downtime or, if there is no subsequent Contract Year, at the end of the Term Box will refund to Internet2, who will in turn refund to Enterprise Customer, a dollar amount equal to the dollar value of the credit(s), as per the following schedule: TECH\1090822.4 Uptime Achieved (Calculated each Month) Credit/Refund Available (against fees attributable to such month Less than 99.9% but more than 99.8% 10% Less than 99.8% but more than 99.7% 20% Less than 99.7% but more than 99.6% 30% Less than 99.6% but more than 99.5% 40% Less than 99.5% but more than 99.4% 50% Less than 99.4% but more than 99.3% 60% Less than 99.3% but more than 99.2% 70% Less than 99.2% but more than 99.1% 80% Less than 99.1% but more than 99.0% 90% Less than 99.0% 100% If Customer receives Service level credits three (3) or more times during any one Contract Year period under this Section B.3.3, Customer will have the right to terminate this Agreement and be refunded from Internet2 an amount equal to the prepaid Fees for any period of the Term which has not yet occurred, with such refund to be paid by Internet2 after Internet2 receives a refund from Box of the corresponding prepaid monies paid by Internet2 to Box in respect of Enterprise Customer under the I2 Box Agreement, which Box will promptly pay.
