Common use of Exclusive Remedy for Missed Service Level Clause in Contracts

Exclusive Remedy for Missed Service Level. If the Service Specifications define a particular service level with an associated service level credit for your ordered Services under this exhibit, and if Oracle fails to meet such service level with respect to such Services ("Missed Service Level"), then, subject to and in accordance with the terms of the service level within the Service Specifications, Oracle may remit a service level credit to you ("Service Level Credit"). The Service Level Credit will be provided only towards any outstanding balance for such ordered Services owed to Oracle under this exhibit, and the remittance of such Service Level Credit will represent your exclusive remedy, and Oracle’s sole liability, for any Missed Service Level. For purposes of clarity, the remittance of a Service Level Credit shall not act to limit the parties’ rights or obligations under Your Agreement or order, except with respect to the applicable Missed Service Level. In order receive such Service Level Credit, You must provide written notice to Oracle no later than five (5) business days after the last day of the particular month of the Missed Service Level for the Services ordered. Your notice must identify the Services that were deficient and describe the deficiency (including the Service Request number notifying Oracle of the deficiency in Services and Missed Service Level), and must be submitted to xxxxxxxxxxxxxxxxx_xx_xxx@xxxxxx.xxx.

Appears in 2 contracts

Samples: Cloud Service Agreement, Cloud Service Agreement

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Exclusive Remedy for Missed Service Level. If the Service Specifications define a particular service level with an associated service level credit for your ordered Services under this exhibit, and if Oracle fails to meet such service level with respect to such Services ("Missed Service LevelEnd Date "), then, subject to and in accordance with the terms of the service level within the Service Specifications, Oracle may remit a service level credit to you ("Service Level CreditEnd Date "). The Service Level Credit will be provided only towards any outstanding balance for such ordered Services owed to Oracle under this exhibit, and the remittance of such Service Level Credit will represent your exclusive remedy, and Oracle’s sole liability, for any Missed Service Level. For purposes of clarity, the remittance of a Service Level Credit shall not act to limit the parties’ rights or obligations under Your Agreement or order, except with respect to the applicable Missed Service Level. In order receive such Service Level Credit, You must provide written notice to Oracle no later than five (5) business days after the last day of the particular month of the Missed Service Level for the Services ordered. Your notice must identify the Services that were deficient and describe the deficiency (including the Service Request number notifying Oracle of the deficiency in Services and Missed Service Level), and must be submitted to xxxxxxxxxxxxxxxxx_xx_xxx@xxxxxx.xxx.

Appears in 2 contracts

Samples: Cloud Service Agreement, Cloud Service Agreement

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