OUT-OF-SERVICE CREDITS Sample Clauses

OUT-OF-SERVICE CREDITS. 1) A credit allowance will be given for Service Outages as specified below. Credit allowances will be expressly indicated on and deducted from the next invoice received by Customer after the Service Outage. A Service Outage begins when (i) Customer reports the Service malfunction to Supplier pursuant to the procedures described in Attachment 4 and (ii) the location of the cause of the Service Outage is determined. A Service Outage ends when the affected circuit is fully operational. A credit allowance will be given from the time the Service Outage begins until it ends. For each Service Outage of more than five (5) consecutive minutes, Customer will receive twenty-four (24) "Service Credits," as hereinafter defined, with respect to the Service that is affected by such Service Outage. A "Service Credit" with respect to any Service provided to Customer that is affected by a Service Outage shall mean a credit applied to Customer's account equal to 1/720 (i.e., approximately one (1) hour) of the monthly Recurring Charge for the affected Service. No more than twenty-four (24) Service Credits will be applied to any affected Service during any particular day regardless of the quantity of Service Outages during that day. The Service Credits described in this paragraph shall be the sole and exclusive remedy of Customer in the event of any Service Outage, and under no circumstances shall a Service Outage be deemed a default under this Agreement. 2) Out-of-service credits do not apply to Service Outages (i) caused by Customer or an End User or a supplier of service to Supplier, (e.g., the incumbent local exchange carrier); (ii) due to failure of power or equipment provided by (or the responsibility of) Customer, any End User or any other third parties; (iii) during any period in which Supplier is not given access to the premises of Customer, any End User or other third party; (iv) which constitute Planned Service Outages; or (v) due to any FORCE MAJEURE Event.
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OUT-OF-SERVICE CREDITS. Out-of-Service Credit. Applicable Out-of-Service Credits, if any, are made available upon the following formula(s): Unavailability Event Duration - Up to One Hour = 1 hr credit Unavailability Event Duration > 60Min = 1 day credit Aggregate duration of outages during a 30 day period > 8hrs = 1 week credit Aggregate duration of outages during a 30 day period > 18hrs = 1 month credit Amount to be credited to the customer's account is established as follows: Total Services Consumed Last Billing Cycle / 31 = 1 Day Credit 1 Day Credit / 24 = 1 Hour Credit
OUT-OF-SERVICE CREDITS. 1) A credit allowance will be given for Service Outages as specified below. Credit allowances will be expressly indicated on and deducted from the next invoice received by Customer after the Service Outage. A Service Outage begins when (i) Customer reports the Service malfunction to Supplier pursuant to the procedures described in Attachment 4 and (ii) the location of the cause of the Service Outage is determined. A Service Outage ends when the affected circuit is fully operational. A credit allowance will be given from the time the Service Outage begins until it ends. For each Service Outage of more than five (5) consecutive minutes, Customer will receive twenty-four (24) "Service Credits," as hereinafter defined, with respect to the Service that is affected by such Service Outage. A "Service Credit" with respect to any Service provided to Customer that is affected by a Service Outage shall mean a credit applied to Customer's account equal to 1/720 (i.e., approximately one (1) hour) of the monthly Recurring Charge for the affected Service. No more than twenty-four (24) Service Credits will be applied to any affected Service during any particular day regardless of the quantity of Service Outages during that day. The Service Credits described in this paragraph shall be the sole and exclusive remedy of Customer in the event of any Service Outage, and under no circumstances shall a Service Outage be deemed a default under this Agreement.
OUT-OF-SERVICE CREDITS. 1) A credit allowance will be given for Service Outages as specified below. Credit allowances will be expressly indicated and deducted from Customer's next invoice. A Service Outage begins (for service guaranty) when Customer reports the Service malfunction to Supplier and the location of the cause of the Service Outage is determined. A Service Outage ends when the affected circuit is fully operational and accepted by Customer. A credit will be given for the time the service outage began until it ended. 2) Out-of-service credits do not apply to Service Outages: (a) caused by Customer or an End User or a supplier of service to Supplier, i.

Related to OUT-OF-SERVICE CREDITS

  • Service Credits Employees on pregnancy leave shall be entitled to normal accumulation of service credits for the duration of the pregnancy leave.

  • Cost of Services Except to the extent specified otherwise in the Agreement, all costs of performing the Services are included in the Contract Price and TOMRA shall not be entitled to any further payment in respect thereof.

  • Statement of Service The employer shall, in the event of resignation or termination of employment, provide upon request to an employee whose employment has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee.

  • Service Credit To the extent that any Transferred Employee’s acquired rights are not already protected by the Transfer Regulations or other applicable Law, Purchaser shall, and shall cause its Affiliates to, recognize the prior service of, or recognized with respect to, each Transferred Employee as if such service had been performed with Purchaser for all purposes, including eligibility, vesting, service-related level of benefits and benefit accrual (except for any benefit accruals for U.S. union and non-union hourly Transferred Employees under the defined benefit Rexam Pension Plan, provided that such service for benefit accruals purposes under the Rexam Pension Plan shall be recognized for purposes of early retirement subsidies in accordance with Schedule 5.1(h)) under the employee benefit plans and policies provided by Purchaser to such Transferred Employee following the Closing, to the same extent such service was recognized by Seller, Rexam or any of their respective Affiliates, as applicable, immediately prior to the Closing. Purchaser shall, or shall cause its Affiliates (including the Purchased Entities) to, (i) waive any preexisting condition limitations otherwise applicable to Transferred Employees and their eligible dependents under any plan of Purchaser or any Affiliate of Purchaser that provides health or life benefits in which the Transferred Employees may be eligible to participate following the Closing, other than any limitations that were in effect with respect to a Transferred Employee as of the Closing under the analogous Employee Benefit Plan, (ii) honor any deductible, co-payment and out-of-pocket maximums incurred by the Transferred Employees and their eligible dependents under the health plans in which they participated immediately prior to the Closing during the portion of the calendar year prior to the Closing in satisfying any deductibles, co-payments or out-of-pocket maximums under health plans of Purchaser or any of its Affiliates in which they are eligible to participate after the Closing in the same plan year in which such deductibles, co-payments or out-of-pocket maximums were incurred and (iii) waive any waiting period limitation or evidence of insurability requirement that would otherwise be applicable to a Transferred Employee and his or her eligible dependents on or after the Closing, in each case to the extent such Transferred Employee or eligible dependent had satisfied any similar limitation or requirement under an analogous Employee Benefit Plan prior to the Closing.

  • Performance of Service 2.1 Appendix A (General Provisions), Articles 1 through 16, governs the performance of services under this contract. 2.2 Appendix B sets forth the liability and insurance provisions of this contract. 2.3 Appendix C sets forth the services to be performed by the contractor.

  • Service Level Credits If Verint does not meet the Uptime Percentage levels specified below, Customer will be entitled, upon written request, to a service level credit (“Service Level Credit”) to be calculated, with respect to the applicable Hosted Environment, as follows: • If Uptime Percentage is at least 99.95% of the month’s minutes, no Service Level Credits are provided; or • If Uptime Percentage is 99.75% to 99.94% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is 99.50% to 99.74% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 7.5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is less than 99.50% of the month’s minutes, Customer will be eligible for a credit of 10.0% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint. Customer shall only be eligible to request Service Level Credits if Customer notifies Verint in writing within thirty (30) days from the end of the month for which Service Level Credits are due. All claims will be verified against Verint’s system records. In the event after such notification Verint determines that Service Level Credits are not due, or that different Service Level Credits are due, Verint shall notify Customer in writing on that finding. With respect to any Services Level credits due under Orders placed directly by Customer on Verint, Service Level Credits will be applied to the next invoice following Customer’s request and Verint’s confirmation of available credits; with respect to any Service Level Credits due for SaaS Services under Orders placed on Verint by a Verint authorized reseller on Customer’s behalf, Service Level Credits will be issued by such reseller following Customer’s request and Verint’s confirmation of available credits and such Services Level Credits may only be used by Customer with respect to subsequent purchases of Verint offerings through that reseller. Service Level Credits shall be Customer’s sole and exclusive remedy in the event of any failure to meet the Service Levels. Verint will only provide records of system availability in response to Customer’s good faith claims.

  • Statement of Services Service Attachments The services to be delivered by Provider (the “Services”) and the fees for those Services, and the specific terms applicable to those Services are described in the Order or in one or more Service Attachments referencing this Agreement. Except for Supplemental Services or Project Services (described below), and unless otherwise agreed in writing, the services Provider will deliver to Client are limited to those Services specifically identified in the Order and described in the Service Attachments or Schedule of Services. In the event of any conflict between the terms of a Service Attachment or Schedule of Services and this Agreement, the terms in the Service Attachment or Schedule of Services control. In the event of any conflict between the terms of this Agreement and of an Order and any Service Attachment or Schedule of Services, the terms of the Order control. Provider may decline to perform any services requested by Client that are in violation of any applicable law or that are not typically associated with the Services provided by Provider. Supplemental Services “Supplemental Services” include additional services and equipment Client may need on a “one- off” or emergency basis that are not included within the scope of the Services described in an Order or the applicable Service Attachments. You will incur additional Service Fees for Supplemental Services. We will notify Client of any such additional Service Fees and will obtain Client’s approval prior to providing them. However, Provider has no obligation to determine the need for or to provide any Supplemental Services. All Supplemental Services are provided on an “as-is” basis and include no warranties of any kind, whether express or implied. In addition, if Provider determines that any additional services Client requests would be inappropriate for treatment as Supplemental Services under this paragraph, Provider may deliver to Client a proposed Service Attachment for Project Services or a Proposal prior to providing Supplemental Services. Project Services In some cases, Client may ask Provider to deliver services outside the scope of any Order or Service Attachment and inappropriate for treatment as Supplemental Services. Examples of such services include major system upgrades, new computer, machine or device setup, network changes, datacenter moves or setups, or installations. In those cases, Provider will prepare a separate Service Attachment for Project Services describing the proposed scope of those services and Provider’s fee to deliver them. Installation dates are estimates only. Client shall be responsible for preparation and maintenance of the site for such Project Services or installations, including, but not limited to, providing necessary electrical power and communication lines and proper air conditioning and humidity control. FEES FOR SERVICES | PAYMENT TERMS Service Fees Fees for Services are set forth in Order or Statement of Work. Unless otherwise indicated in writing, all Services will be performed on a time-and-materials basis at Provider’s then-current rates. Adjustments to Service Fees Except as may be specified in an Order, Provider may adjust the Service Fees charged under this Agreement as follows: • End-User or Network Growth. During the term of an Order, if the number of users or devices in Client’s environment or the Service or Equipment types or quantities to be covered within the scope of the Order exceeds the numbers, types or quantities previously ordered, Provider may apply a pro rata adjustment to the total Service Fees. You shall pay all Service Fees owed as they become due following any such adjustment. Similarly, during the term of an Order, if the number of users or devices in Client’s environment or the Service or Equipment types or quantities to be covered within the scope of the Order is less than the numbers, types or quantities previously ordered, upon request, Provider will apply a pro rata adjustment to the total Service Fees. You shall pay all Service Fees owed as they become due following any such adjustment. However, under no circumstances may any such adjustments result in a number of users or devices in Client’s environment or in any Service or Equipment types or quantities to be covered within the scope of the Order that is less than the numbers, types or quantities ordered at the time Client signed that Order.

  • Level of Service Complex case management with a provider focus is appropriate for members who either choose not to be actively involved or are unable to actively participate in their health care. Complex case management targets members with two (2) or more disease states who need assistance with care coordination, making preventive care appointments, or accessing care to address the members’ chronic health conditions or members who have had an inpatient hospital stay in the last ninety (90) days or members with high dollar claims of over fifty thousand dollars (>$50,000) in six (6) months. The focus is on working with the providers to meet the needs of the individual through communication with the PMP (if applicable), other providers, and the member’s natural support system. The goal is to help members gain optimum health or improved functional capability, in the right setting and in a cost-effective manner. Complex case management with provider focus is the active coordination by the Contractor of care and services between providers while navigating the extensive systems and resources required for the member. It involves comprehensive assessment, determination of available benefits, development and implementation of a complex case management plan directed at the chronic health conditions. At a minimum, the Contractor must provide complex case management services for members discharged from an inpatient psychiatric, drug overdose, or substance abuse hospitalization, for no fewer than ninety (90) calendar days following that inpatient hospitalization discharge. The Contractor must also provide complex case management services for any member at risk for inpatient psychiatric or substance abuse re -hospitalization. Care managers must contact members during an inpatient hospitalization or as soon as practicable upon receiving notification of a member’s inpatient behavioral health hospitalization. The care manager must work with the hospital discharge planner, provider case manager and/or natural supports (i.e. family) to ensure that an outpatient follow-up appointment is scheduled to occur no later than seven (7) calendar days following the inpatient behavioral health hospitalization discharge and transportation is not a barrier to attending the appointment. Complex case management with provider focus includes all of the services and benefits from disease management and care management. In addition,

  • Payment of Services For courses taught at a High School facility utilizing High School teachers who are qualified by the Dallas College using Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) standards to teach college level courses, Dallas College shall pay as follows:

  • PERIOD OF SERVICE The Grant Services will commence on the Start Date and shall expire on the End Date as set forth in the SUMMARY PAGE.

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