Common use of Power Availability Clause in Contracts

Power Availability. Except as otherwise stated herein, Element Critical will use commercially reasonable efforts to ensure that the critical data center power infrastructure supporting the Colocation Services will be available 100% of the time. If Customer has purchased power circuits of the same size, delivered from two different power paths and designated as primary and redundant power service (“Redundant Circuits”) and both power services are unavailable at the same time within the Customer environment due to a failure of the data center’s critical infrastructure, Customer shall be entitled 3% of the portion of the MRC for the affected Service at the point the Service became unavailable and 3% for each 60 minute increment of downtime from the point of initial violation, up to 100% of the MRC for the affected Service. Power availability will be determined by Element Critical’s monitoring system at the point of demarcation. The point of demarcation for the Customer’s environment for the purposes of power availability will be the power receptacle at Customer’s cage, cabinet, rack or suite and does not include Customer’s electrical connections within its cage, cabinet, or rack.