Common use of Overage Clause in Contracts

Overage. In the event that during any month Service Provider has exceeded the Subscription Quantity, Service Provider’s report shall be deemed a request for an order for such additional Subscription Quantity that are required to remain in compliance with the Agreement and Service Provider shall execute an Order Form for such additional Subscription Quantity. Such additional Subscription Licenses shall remain in effect and billed at the rates set forth in the initial Order Form through to the end of the then current Subscription Term. During the Subscription Term, the Subscription Quantity may not be lowered below the number ordered in the initial Order Form. . Failure to comply with this Section 3 shall be deemed a material breach of the Agreement.

Appears in 3 contracts

Samples: Managed Services Provider Agreement, Managed Services Provider Agreement, Managed Services Provider Agreement

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Overage. In the event that during any month Service Provider has exceeded the Subscription Quantity, Service Provider’s report shall be deemed a request for an order for such additional Subscription Quantity Licenses that are required to remain in compliance with the Agreement and Service Provider shall execute an Order Form for such additional Subscription QuantityLicenses. Such additional Subscription Licenses shall remain in effect and billed at the rates set forth in the initial Order Form through to the end of the then current Subscription Term. During the Subscription Term, the Subscription Quantity may not be lowered below the number ordered in the initial Order Form. . Failure to comply with this Section 3 shall be deemed a material breach of the Agreement.

Appears in 1 contract

Samples: Managed Services Provider Agreement

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