Penalty Fee. The penalty fee is $450.00. This fee is assessed for certain conditions as specified in this Agreement. Failure to pay this fee immediately shall be a material default and breach of this Agreement. If unpaid, the fee will be deducted from the security deposit at the termination of this Agreement.
Penalty Fee. You agree to pay a penalty of $450.00 for any violation of this policy. This includes but not limited to failure to perform your DUTY in section (3). The penalty assessment is due and payable immediately.
Penalty Fee. If any of Licensee’s Attachments are found occupying any Facility for which no Permit has been issued, the City, without prejudice to its other rights or remedies under this Agreement, may assess an Unauthorized Access Penalty Fee as specified in Article 3. In the event Licensee fails to pay such Fee within thirty (30) calendar days of receiving notification thereof, the City has the right to remove such Attachment at Licensee’s expense and without liability.
Penalty Fee. The Penalty Fee shall consist of 105 percent of (a) the incremental, onetime fee (estimated by the Actuary if necessary) of a third-party administrator (to be selected by the Company in its sole discretion) charged by such administrator in connection with assuming responsibility for all the administrative services to be provided under the Administrative Services Agreement for the Policies, Post-Closing Policies and Separate Accounts subject to recapture (the “Recaptured Business”), plus (b) the fees and costs (estimated by the Actuary if necessary) of the Actuary for its work in calculating the Recapture Fee and of any attorneys or other outside consultants advising the Company in connection with the recapture.
Penalty Fee. If any of Licensee’s Attachments are found occupying any Pole or segment of the Conduit System for which no Permit has been issued, District, without prejudice to its other rights or remedies under this Agreement, may assess an unauthorized access penalty fee as specified in Appendix A, Item 3. In the event Licensee fails to pay such fee within thirty (30) calendar days of the billing date of the invoice, District has the right to remove such Attachments at Licensee’s expense as specified under Paragraph 3.9.
Penalty Fee. If any of Licensee’s Attachments are found occupying any Pole for which no Permit has been issued, Utility, without prejudice to its other rights or remedies under this Agreement, may assess an Unauthorized Access Penalty Fee, as specified in Appendix A, Item 3. If Licensee fails to pay such Fee within thirty
Penalty Fee. In situations where a service incident occurs as per the Definition of Severity in this agreement, a penalty amount shall be assessed against Texada in the form of a credit to Customer. Customer shall be able to recover all or a portion of its monthly subscription fees based on the following:
a. The Customer shall be entitled to a credit under the terms of this agreement upon the occurrence of either a Severity 1 or Severity 2 incident resulting in Service downtime as described in this Agreement.
b. Customer’s sole and exclusive remedy for Texada’s breach of the SLA is the issuance of a credit in the amount described in this Agreement.
c. Customer shall not receive any credits under this agreement in connection with any failure of deficiency caused by or associated with: • Failure or malfunction of Customer level network or hardware • Failure of Customer’s internet network connection • Electrical power failure at the Customer’s location • Scheduled maintenance for hardware/software updates
d. System Availability percentage is calculated as follows: System Availability Percentage = ((Total Minutes in the Month – Downtime) / Total Minutes in the Month)*100.
e. The downtime tracking starts when the Severity 1 or Severity 2 incident is reported to Texada following the Texada Escalation Process to Texada Client Support, and verified as a Texada issue, through to the time of resolution and service restored.
f. Upon occurrence of a Severity 1 or Severity 2 incident the credit will be based on the downtime time calculation starting when the incident is reported to Texada following the Texada Escalation Process to Texada Client Support. For the 1st hour of unscheduled downtime per incident, there will be no credit of monthly fees. After the 1st hour, every hour corresponds to 1 day of credit on your SaaS user billing up to 30+ hours at which point, the maximum credit received will be 100% of the recurring SaaS user fees.
g. The total accumulated penalty amount within a twelve-month period shall not exceed the total SaaS payment obligations for the period by Customer to Texada.
h. In the event the Customer is not current in its payment obligations when the penalty amount is allocated, remedies will not accrue, and credits will not be issued until the Customer becomes current in its payment obligations.
i. To receive credits, the Customer must submit a written request to Xxxxxx’x designated Account Manager, no later than thirty (30) days following the end of the mont...
Penalty Fee. Should either the Company or the Purchaser fail to perform its obligations hereunder necessary to consummate the transactions contemplated by this Agreement, the party which has failed to perform shall pay a fee to the other party equal to $150,000 (the "Penalty Fee").
Penalty Fee. In the event the Merger (as defined in the LOI) does not occur within 150 days from the date hereof (and such non-occurrence does not result from (i) a decision by Spacelogix (as defined in the LOI) and/or TW (as defined in the LOI) to cease negotiations in regard thereto, (ii) Spacelogix's failure to make Bridge Loans to the Company in an aggregate amount of at least $1,050,000 within 45 days of the execution hereof and/or (iii) the Merger Agreement (as defined in the LOI) being executed but the Merger not being consummated within 90 days thereof as a result of a breach by Spacelogix thereof and/or the failure of Spacelogix to satisfy all conditions precedent required to be satisfied by it), then the Company shall pay Consultant a penalty fee of $75,000 in lieu of any Consulting Fee and/or expenses otherwise owed hereunder to compensate Consultant for services rendered and expenses incurred.
Penalty Fee. If any of Attaching Utility's Attachments are found occupying any Pole for which no Permit has been issued, Owner Utility, without prejudice to its other rights or remedies under this Agreement, may assess an Unauthorised Attachment Penalty Fee as specified in Appendix A, Item 2, in addition to the fixed fee for make-ready as specified in Section VII. In the event Attaching Utility fails to pay such Fees within (60) sixty calendar days of receiving notification thereof, Owner Utility has the right to remove such Facilities at Attaching Utility's expense.
