Measurement Time Period Sample Clauses

Measurement Time Period. For the purpose of this SLA, all availability calculations shall be based upon an individual calendar month. Written Requests All requests, including those for credits or refunds under the terms of this SLA, must be made in writing either via a support ticket submitted through Rackspace’s customer portal at hxxx://xx.xxxxxxxxx.xxx, via fax at 200-000-0000, or via postal mail to Rackspace Managed Hosting, 9000 Xxxxxxxxx Xx., Xxxxx 000, Xxx Xxxxxxx, XX 00000. Limitations Customer is limited to a maximum of [**]% of the monthly recurring fee for affected components. Notwithstanding anything contained in the SLA to the contrary, the maximum total credit for any calendar month shall not exceed [**]% of Customer’s monthly recurring fee. Any service credits for a particular month to which Customer would have been entitled except for the fact that such service credits exceeded the monthly service credit limitations provided herein shall not be carried over to another month, and Customer shall have no right to receive any such service credits. SERVICE CREDITS WILL NOT BE GRANTED FOR CUSTOMER DOWNTIME OR OUTAGES RESULTING FROM DENIAL OF SERVICE ATTACKS, VIRUS ATTACKS, HACKING ATTEMPTS, OR ANY OTHER CIRCUMSTANCES 9000 Xxxxxxxxx Xxxxx, Xxxxx 000 | Sxx Xxxxxxx, XX 00000 PH: 210.447.4000 | FX: 210.447.4400 INTENSIVE SLA THAT ARE NOT WITHIN THE DIRECT CONTROL OF RACKSPACE MANAGED HOSTING. Rackspace utilizes several tools and software products to deliver many of the services described in this SLA. Customers retain complete administrative control over servers at Rackspace and, therefore, have the capability of removing or disabling these software products on their servers. If Customer disables, removes, or otherwise blocks the functionality of any of the following products from their servers, Rackspace will not be held responsible for the guaranties set forth in this SLA or providing certain key portions of the Intensive service offering if any of the following are removed: Microsoft Operations Manager, Microsoft Systems Management Server, Microsoft Active Directory, Computer Associates eTrust Antivirus, Winternals Defrag Manager, Dell OpenManage, HP Insight Manager, Nimbus, and ZENworks. Customer is required to notify Rackspace before disabling any of the services listed above for periods longer than [**] in order to maintain the guarantees set forth in this SLA. Customer Credit Requests Customers claiming credits or refunds must submit a written request to the Rackspace ...
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Measurement Time Period. 6.1.1. The Supplier performance against the KPI’s will be reviewed after each three Agreed Industry Rail Periods. The Supplier will be given one Agreed Industry Rail Period to collate all the necessary data and submit to Network Rail’s Representative prior to the review.
Measurement Time Period. For the purpose of this SLA, all availability calculations shall be based upon an individual calendar month. Authorization Signatures below indicate that TRINTECH will deliver the services to Company. Additionally, Company agrees to pay TRINTECH for services performed. TRINTECH, Inc. Sony Pictures Entertainment Inc. By: By: (Authorized Signature) (Authorized Signature) (Print) (Print) Title: Executive Vice President Title: Date: Date: EXHIBIT E to Trintech Data Acceptance Policy* This Exhibit E upon execution becomes a part of, and subject to the terms and conditions of the Consultant Services Agreement between Trintech, Inc. and Sony Pictures Entertainment, Inc. In this policy, “we” and “our” refers to Consultant and “you” and “your” refers to Company. Consultant recognizes that we have a responsibility to maintain the privacy of data you share with us, and we are committed to take reasonable security procedures through appropriate technical and organizational measures to protect against unauthorized access to this data. To this end, we have identified two data security classifications, “Class 2” and “Class 3,” and rules associated with our acceptance of/exposure to the associated data. Class 2 data may be shared with Consultant in unmasked/unencrypted form and must be transmitted to/from Consultant following Consultant recommended procedures (most commonly via a secure FTP server or, if sent by email, zipped and password-protected, with the password sent in a separate email.) Examples of Class 2 data include things such as bank account numbers, credit card batch level processor information, gift card batch level processor information, lottery numbers (all without identifying information such as names, addresses, etc.), money order numbers (all without identifying information such as names, addresses, etc.), disbursement data (all without identifying information such as payee names, addresses, date of birth, etc.), and general ledger account information (balances). Class 3 data is considered more sensitive than Class 2 data, and may not be shared with Consultant unless the sensitive data is first masked - i.e. masked and the original data is no longer accessible. (Under some circumstances exceptions to this requirement may be made. For example, one exception to this is that, with your written permission, we may access unmasked Class 3 data at your site or via an attended dial-in session such as Go-To-Meeting / WebEx). If you are unable to mask your data, ...

Related to Measurement Time Period

  • Time Period The bounded Party’s(ies’) duty to hold the Confidential Information in confidence shall remain in effect until such information no longer qualifies as a trade secret or written notice is given releasing such Party from this Agreement.

  • Measurement Should the State terminate this contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the State shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the State terminate this contract under paragraph (4) or (5) above, the Engineer shall not incur costs during the thirty-day notice period in excess of the amount incurred during the preceding thirty days.

  • Measurement Period (b) In this Agreement, unless the contrary intention appears, a reference to:

  • Calculation of Time Period When calculating the period of time before which, within which or following which any act is to be done or step taken pursuant to this Agreement, the date that is the reference date in calculating such period shall be excluded. If the last day of such period is a non-Business Day, the period in question shall end on the next succeeding Business Day.

  • Minimum EBITDA Section 9.23(c) of the Loan Agreement is hereby deleted in its entirety and replaced with the following:

  • Minimum Adjusted EBITDA As of any date of determination from and after April 1, 2008, if Borrowers do not have Net Debt in an amount less than $4,000,000 at all times during the most recently completed fiscal quarter, then Borrowers shall not fail to achieve Adjusted EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto (and the failure to do so shall be deemed an Event of Default): Applicable Amount Applicable Period $(1,234,000) For the 3 month period ending March 31, 2008 $(1,246,000) For the 6 month period ending June 30, 2008 $(200,000) For the 9 month period ending September 30, 2008 $(839,000) For the 12 month period ending December 31, 2008 $(750,000) For the 12 month period ending March 31, 2009 17 Applicable Amount Applicable Period $(500,000) For the 12 month period ending June 30, 2009 $(150,000) For the 12 month period ending September 30, 2009 $150,000 For the 12 month period ending December 31, 2009 $350,000 For the 12 month period ending March 31, 2010 $550,000 For the 12 month period ending June 30, 2010 $750,000 For the 12 month period ending September 30, 2010 $950,000 For the 12 month period ending December 31, 2010 and for each 12 month period ending as of the last day of each fiscal quarter thereafter

  • Computation Period Interest on the Loans and all other amounts payable by Borrower hereunder on a per annum basis shall be computed on the basis of a 360-day year and the actual number of days elapsed (including the first day but excluding the last day) unless such calculation would result in a usurious rate, in which case interest shall be calculated on the basis of a 365-day year or 366-day year, as the case may be. In computing the number of days during which interest accrues, the day on which funds are initially advanced shall be included regardless of the time of day such advance is made, and the day on which funds are repaid shall be included unless repayment is credited prior to the close of business on the Business Day received. Each determination by Administrative Agent of an interest rate or fee hereunder shall be conclusive and binding for all purposes, absent manifest error.

  • Adjusted EBITDA The 2019 adjusted EBITDA for the Affiliated Club Sellers shall total an aggregate of not less than $10,700,000.

  • Maximum Total Leverage Ratio Permit the Total Leverage Ratio as of the last day of any fiscal quarter, commencing with the fiscal quarter ending September 30, 2017, to exceed the ratio set forth below with respect to such fiscal quarter: Fiscal Quarter Maximum Total Leverage Ratio Fiscal quarter ending September 30, 2017 5.50 to 1.00 Fiscal quarter ending December 31, 2017 4.50 to 1.00 Fiscal quarter ending March 31, 2018 4.50 to 1.00 Fiscal quarters ending June 30, 2018 and thereafter 3.00 to 1.00

  • Minimum Consolidated Adjusted EBITDA The Borrower will maintain, as of the last day of each Fiscal Quarter, commencing with the Fiscal Quarter ending June 30, 2003, a minimum Consolidated Adjusted EBITDA of no less than (i) $0 for the Fiscal Quarter ending June 30, 2003, (ii) $1,000,000 for the Fiscal Quarter ending September 30, 2003 and (iii) $2,500,000 for each Fiscal Quarter thereafter.

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