Downtime Credit Sample Clauses

Downtime Credit. If after investigation and classification, D2L determines that Downtime during a calendar month was such that availability fell below the level stated in this section, Client may claim a credit on cloud hosting ("Cloud Services") fees during the relevant calendar month, calculated on the following basis: Availability (x = Availability) Client credit 99.9% <= x N/A 99.5% <= x < 99.9% 1% of Client’s Cloud Services fee for that calendar month 99% <= x < 99.5% 2.5% of Client’s Cloud Services fee for that calendar month 98% <= x < 99% 5% of Client's Cloud Services fee for that calendar month x < 98% 10% of Client's Cloud Services fee for that calendar month For the purposes of calculating downtime credits for which Client may be eligible under this Agreement, the Cloud Service Fees for each calendar month shall be 1/12 of 20% of all annual Software fees for the then-current contract year. For clarity, Support Fees are not included in the Software fees if Support is priced separately. Any credit so determined may only be applied against subsequent Cloud Services fees invoiced for the next annual period and shall be Client’s sole remedy if that Availability falls below the level stated in this section; provided, however, that if this Agreement or the relevant Order is terminated or expires such that the entire credit cannot be applied for Client’s benefit, D2L shall promptly refund such amount to Client. DocuSign Envelope ID: B6BF5A16-E7DD-4DD6-928E-18527A230104
Sample 1
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Downtime Credit. EPG will credit The Customer a daily amount of $75.00 for each normal workday required to provide 95% availability in the event a replacement unit is not available.
Sample 1
Downtime Credit. Buyer Parent shall receive a credit from the Seller Parties at the Closing for the amount of the Downtime Credit, without duplication of other amounts prorated hereunder.
Sample 1
Downtime Credit. Xxxxx.xxx shall provide ADT, within ten (10) days of the end of each month, a report of the previous month’s Availability. In the event that Xxxxx.xxx fails to meet the Availability SLA for any month, then, ADT shall, in addition to all of its other rights under Schedule 4 of the Agreement, receive a credit against the Fees payable in the subsequent monthly invoice for the portion of Subscribers affected by the Downtime, which shall be calculated using the table below: Chart 1.3A SLA for Security Signaling Transmission Time Monthly Credit Level Avg. Signal Transmission Time (monthly) 1 [***]-[***] [***]% 2 [***]-[***] [***]% 3 [***]-[***] [***]% 4 [***]-[***] [***]% 5 [***] [***]% *Security Signaling means the generation, storage, and/or and transmission of actual, non-test alarm signals to an ADT central station. *Signal transmission time as measured by duration from Customer site to ADT Control Station.*Signal Incident = signal transmission time > [***].*Signal times assume ADT is operating an IP receiver. The parties agree ADT may operate either an [***] or [***] receiver, or any other IP receiver mutually agreed upon by the parties. The Security Signaling Transmission Time SLA shall not apply in the event that delay in Security Signaling Transmission Time is due to the ADT IP receivers not properly functioning (due to no fault of Xxxxx.xxx).
Sample 1
Downtime Credit. 13.1 If Company materially fails to perform its obligations under this Agreement, and such failure results in downtime of the relevant Product that exceeds 48 hours, Customer’s sole remedy, and Company’s entire liability, shall be a pro rata refund of the fees paid, as prorated to equal the amount of downtime (“Downtime Credit”). In order to receive a Downtime Credit, Customer must notify Company in writing of its request for a Downtime Credit within seven (7) days from beginning of the downtime; provided, however, that Customer will not be entitled to any Downtime Credit unless Customer notified Company of the downtime within twenty-four (24) hours of beginning of the downtime. In no event shall any Downtime Credit or the total cumulative damages for a breach of this Agreement by Company be more than the amounts previously paid by Customer under this Agreement in the 12 month period immediately preceding the applicable downtime or breach.
Sample 1

Related to Downtime Credit

  • Service Credit Time spent on authorized leaves of absence without pay will count towards seniority, including service credit for annual step increases, layoff purposes, and for computing the amount of vacation leave, provided the employee is properly returned to service and is not serving a probationary period. Employees that do not return to service from a personal leave of absence shall not receive service credit for the time spent on such leave.

  • 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.

  • Service Level In the event that League InfoSight discovers or is notified by you of the existence of Non-Scheduled Downtime, we will use commercially reasonable efforts to determine the source of the problem and attempt to resolve it as quickly as possible.

  • Service Levels All service level requirements will be set forth in Exhibit A (“XXXX.xxx Referral Service Level Requirements”). Recipient Xxxxxx agrees to adhere, and encourage Recipient Agent’s adherence, with the version of the XXXX.xxx Referral Service Level Requirements in effect at the time XXXX.xxx identifies the Referral to Recipient Broker/Agent.

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