LIQUIDATED DAMAGES FOR FAILURE TO ACHIEVE MINIMUM SERVICE AVAILABILITY LEVEL Sample Clauses

LIQUIDATED DAMAGES FOR FAILURE TO ACHIEVE MINIMUM SERVICE AVAILABILITY LEVEL. 4.1 In respect of any calendar month in which Service Availability is below 99.5%, a percentage deduction from the Business Fee payable to the Supplier for such calendar month shall be applied by way of liquidated damages as follows: (a) below 99.5% but greater than or equal to 99.4% - liquidated damages of 3%; (b) below 99.4% but greater than or equal to 99.3% - liquidated damages of 5%; (c) below 99.3% but greater than or equal to 99.2% - liquidated damages of 7.5%; (d) below 99.2% but greater than or equal to 99.1% - liquidated damages of 10%; and (e) below 99.1% - Each 0.1% reduction in Service Availability reduces the Business Fee by a further 5% above the 10% liquidated damages set out in paragraph 4.1 (a) above up to a maximum of 30%. 4.2 The Client acknowledges that the liquidated damages set out in this SLA are a genuine pre-estimate of the Loss likely to be suffered by the Client and/or its Affiliates in respect of any failure to meet the requirements in the SLA, and, subject to Clause ‎14.1, shall be the Client’s (and its Affiliates’) sole and exclusive remedy for any such failure.
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Related to LIQUIDATED DAMAGES FOR FAILURE TO ACHIEVE MINIMUM SERVICE AVAILABILITY LEVEL

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

  • EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.

  • Maximum Leverage Permit, as of any fiscal quarter end, the ratio of (a) Adjusted Portfolio Equity as of such fiscal quarter end to (b) Funded Debt as of such fiscal quarter end, to be less than 5.00 to 1.00.

  • 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.

  • DNS service availability Refers to the ability of the group of listed-­‐as-­‐authoritative name servers of a particular domain name (e.g., a TLD), to answer DNS queries from DNS probes. For the service to be considered available at a particular moment, at least, two of the delegated name servers registered in the DNS must have successful results from “DNS tests” to each of their public-­‐DNS registered “IP addresses” to which the name server resolves. If 51% or more of the DNS testing probes see the service as unavailable during a given time, the DNS service will be considered unavailable.

  • System Availability Although we will try to provide continuous access to the Service, we cannot and do not guarantee that the Service will be available 100% of the time and will not be liable in the event Service is unavailable. Actual service or network performance is dependent on a variety of factors outside of our control. If you notify us within twenty-four (24) hours and we confirm an outage consisting of a period of two (2) hours in any calendar month, and not due to any service, act, or omission of you, a third party, your applications, equipment or facilities, or reasons outside of our control, you shall be eligible for a service credit. A service credit shall be computed as a pro-rated charge for one day of the regular monthly fees for the Service in the next monthly statement. Intermittent service outages for periods of less than two (2) hours are not considered service outages. Outages caused by routine scheduled maintenance are also not considered an outage. You shall receive advance notice no less than forty-eight (48) hours in advance of our scheduled maintenance. Scheduled maintenance will be performed between 12:00 a.m. and 6:00 a.m. CST.

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • Service Level Commitment IBM provides the following service level commitment (“SLA”) for the Cloud Service, after IBM makes the Cloud Service available to you.

  • Minimum Excess Availability Borrower shall have Excess Availability under the Revolving Credit Loans facility of not less than the amount specified in the Schedule, after giving effect to the initial advance hereunder and after giving effect to any applicable Loan Reserves against borrowing availability under the Revolving Credit Loans.

  • Service Level Expectations Without limiting any other requirements of the Agreement, the Service Provider shall meet or exceed the following standards, policies, and guidelines:

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