Excess Use. Customer’s use of the Cloud Service is subject to the Agreement, including the Usage Metrics and their volume stated in Section 2. Any use of the Cloud Service that exceeds this scope will be subject to additional fees. Fees accrue from the date the excess use began. Customer will execute an additional Order Form to document subscriptions for additional Usage Metrics and their volume. SAP may invoice and Customer will pay for excess use based on applicable pricing in the Order Form or Supplement.
Excess Use. If Customer exceeds its permitted use of the Subscription, Customer will promptly notify StreetLight and within thirty (30) days thereafter: (i) disable unpermitted or excess use; or (ii) purchase additional subscriptions. StreetLight may review Customer’s use of the Subscription, and Customer shall provide any reasonable assistance, to verify Customer’s compliance with the Agreement. StreetLight may suspend Customer’s use of the Subscription after giving thirty (30) days’ written notice of non-compliance identified in such review, in addition to any other rights or remedies StreetLight may have.
Excess Use. If an Audit indicates that Customer’s installations, deployment, access of or provision of access to, or operation of each Product exceeds the quantity of licenses owned or is otherwise not in compliance with the scope of the license granted (“Overuse”) then Customer shall pay for all Overuse quantities at Provider’s then current list price plus any interest on past due amounts and prior Maintenance Service fees. If the Overuse is more than five percent (5%) of Customer’s license entitlements, then Customer shall reimburse Provider for Provider’s reasonable cost of performing the Audit. Strict performance by Customer in accordance with this provision is an express condition to all or any licenses granted in this Agreement.
Excess Use. Client's use of the Licensed Products is subject to the restrictions of the Agreement, as well as any Usage Parameter limitations stated in the Order. Any use of the Licensed Products that exceeds this scope will be subject to additional Fees. Such additional Fees accrue from the date the excess use began.
Excess Use. If Customer’s use of any Product exceeds the permitted usage metrics, then Customer will be subject to additional fees for such excess usage at AVEVA’s then-current rates. Customer will execute an additional Order Form or amendment to this Order Form for such additional usage and the fees for such additional usage will accrue from the date the excess usage began (together with an interest rate of one and one-half percent (1.5%) per month or partial month from the date such excess usage began until payment). The assessment of additional fees shall be without prejudice to AVEVA’s other rights and remedies with respect to such excess usage.
Excess Use. Customer’s use of the On Premise Service is subject to the Agreement, including the Units to be billed and their volume stated in Section 2. Any use of the Service that exceeds this scope will be subject to additional fees. Fees accrue from the date the excess use began. Customer agree to pay subscription fees for additional units used and their volume. At the end of the year HRMANTRA will invoice and Customer will pay for excess use based on HRMANTRA’s prices on the date the excess use began.
Excess Use. You shall monitor and maintain Your accounts within all plan-specified limits and in a manner that does not disrupt the activities of other SherWeb customers. In the event Your usage exceeds the limits for Your account or may disrupt the activities of other SherWeb customers, You agree SherWeb may, in its sole discretion, (i) charge You for such excess usage via Your credit card, or by invoice, (ii) upgrade You to a plan or increase the limits on Your account to address this excess usage, and/or (iii) suspend or terminate Your account for cause. Usage and associated charges for excess usage shall be determined based solely upon SherWeb's collected usage information. Unused monthly allotments shall not accrue or carry over from one month to any other month. Upon any upgrade or increase on the limits of Your Account, You shall be responsible for the new costs and fees.
Excess Use. If an Audit indicates that Customer’s installations, deployment, access of or provision of access to, or operation of each Product exceeds the quantity of licenses owned or is otherwise not in compliance with the scope of the license granted (“Overuse”), then Customer will be invoiced for the over-deployed quantities at Provider’s then current GSA Schedule list price plus the applicable Maintenance Service fees. All such amounts shall be payable in accordance with this Agreement. Strict performance by Customer in accordance with this provision is an express condition to all or any licenses granted in this Agreement.
Excess Use. In the event that your actual use exceeds the use permitted in the Transaction Documents, e.g. with respect to users or volume, you agree to pay for all excess usage at the then current rate for additional use rights plus additional costs which may arise with us due to your use excess.
Excess Use. Upon the return of the Aircraft to Lessor, Lessor and Lessee shall consult for the purpose of determining the Excess Use Amount (as defined below), if any, and any amount so agreed upon in writing between Lessor and Lessee shall be binding on both parties. The "Excess Use Amount" shall mean the amount, if any, by which (A) the Fair Market Sales Value of the Aircraft without such Excess Hours, exceeds (B) the Fair Market Sales Value of the Aircraft with such Excess Hours (and as to this subclause (B), without making the assumption in clause (iii)(C) of the definition of Fair Market Sales Value). If Lessor and Lessee fail to agree within ten (10) days after the return of the Aircraft to Lessor, then Lessor shall appoint a fully qualified and independent appraiser (reasonably acceptable to Lessee) to determine the Excess Use Amount. Lessee agrees to pay the costs and expenses of any such determination and appraisal. The independent appraiser shall be required to complete such determination as promptly as practicable, but in any event, not later than forty (40) days after the date on which it is appointed. A final determination by the independent appraiser regarding the extent of the Excess Use Amount, if any, shall be binding on Lessor and Lessee. Lessee shall pay to Lessor within ten (10) days after the independent appraiser's determination an amount equal to the Excess Use Amount.
