Private Cloud Blade Server or Dedicated Blade Server Replacement Remedy Sample Clauses

Private Cloud Blade Server or Dedicated Blade Server Replacement Remedy. If Hyve does not replace the Private Cloud Blade Server or a Dedicated Blade Server, Within tWenty (20) minutes of Hyve determining that a Private Cloud Blade Server or a Dedicated Blade Server needs to be replaced, Hyve, upon Client's request, Will credit Client's account ten percent (10%) of the Monthly Recurring Service Charges as set forth on Client's Service Order (as defined in the applicable Hyve contract) ("Charges"), and an additional ten percent (10%) of the Charges for each additional hour over and above the 20 minute commitment. The total of all credits issued to Client in any calendar month shall not exceed one hundred percent (100%) of the Charges. The Private Cloud Blade Server and Dedicated Blade Server Replacement shall not apply if failure of the Blade Server is a result of acts or omissions of Client or its agents; failure of any non-standard hardWare installed by Hyve or Client; or events of Force Majeure (as defined in the applicable Hyve contract). In addition, the Private Cloud Blade Server and Dedicated Blade Server Replacement shall not apply if the Client is in breach of its Agreement With Hyve, including, but not limited to, violation of the Acceptable Use Policy or payment default.
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