Common use of EQUIPMENT NON-PERFORMANCE CREDIT Clause in Contracts

EQUIPMENT NON-PERFORMANCE CREDIT. If any Equipment furnished by Supplier hereunder for commercial service experiences Equipment non-performance period(s) due to malfunction of Equipment as specified below, the credits contained in this Article 3, Section 12, shall apply to SWCO's I-IMP monthly maintenance charge. If the Equipment is operating at less than fifty percent (50%) call processing capacity, (as measured by traffic usage over the previous thirty (30) day period) (i) for any eight (8) consecutive hour period or (ii) for a more than twenty-four (24) total hours in any thirty (30) day period, then Supplier shall grant SWCO a credit against the HMP monthly maintenance charge for each such hour in the amount of one-half (1/2) of one percent (1%) of the monthly maintenance charge for such defective Equipment. An Equipment non-performance period shall begin upon SWCO's notification to Supplier and shall end when the Equipment has achieved ninety percent (90%) call processing capacity. SWCO shall issue a debit memorandum and associated documentation to Supplier reflecting the amount of such credit. The Equipment non-operational periods shall be for periods of time directly caused by the non-performance of the Equipment. Any non-performance caused by third party equipment, force majeure or other events outside the control of Supplier shall not be counted toward non-operational periods. If SWCO receives a credit under this Article III, Section 12, for a particular non-performance -period, then SWCO shall not be eligible to receive a credit under Article IV, Section 12.7. If the non-performance is caused by both Equipment nonperformance and Software nonperformance, SWCO shall receive the higher credit.

EQUIPMENT NON-PERFORMANCE CREDIT. If any Equipment furnished by Supplier Metawave hereunder for commercial service experiences Equipment non-performance period(s) due to malfunction of Equipment as specified below, the credits contained in this Article 3, Section 12, shall apply to SWCOBAM's I-IMP HMP monthly maintenance charge. If the Equipment is operating at less than fifty percent (50%) [***] call processing capacity, (as measured by traffic usage over the previous thirty (30) day period) (i) for any eight (8) consecutive hour period or (ii) for a more than twenty-four (24) total hours in any thirty (30) day period, then Supplier Metawave shall grant SWCO BAM a credit against the HMP monthly maintenance charge for each such hour in the amount of one-half (1/2) of one percent (1%) [***] of the monthly maintenance charge for such defective Equipment. An Equipment non-non- performance period shall begin upon SWCOBAM's notification to Supplier Metawave and shall end when the Equipment has achieved ninety percent (90%) [***] call processing capacity. SWCO BAM shall issue a debit memorandum and associated documentation to Supplier Metawave reflecting the amount of such credit. The Equipment non-operational periods shall be for periods of time directly caused by the non-performance of the Equipment. Any non-performance caused by third party equipment, force majeure or other events outside the control of Supplier Metawave shall not be counted toward non-operational periods. If SWCO BAM receives a credit under this Article III, Section 12, for a particular non-performance -periodperiod, then SWCO BAM shall not be eligible to receive a credit under Article IV, Section 12.7. If the non-performance is caused by both Equipment nonperformance and Software nonperformance, SWCO BAM shall receive the higher credit.