Common use of Product Credits Clause in Contracts

Product Credits. The number of minutes of separate and discrete Colocation Outages will not be accumulated to determine the percentage of Product Credit. Product Credits hereunder are calculated as a percentage of the MRC set forth in the Order Form, and may not be applied to usage charges, government fees, taxes, or surcharges, or any third party charges passed through to Licensee by Provider. Product Credits issued to Licensee hereunder shall be Licensee’s sole and exclusive remedy at law or in equity on account of any Colocation Outage or any other defect in Product provided to Licensee. If an incident affects the performance of the Product and results in a period or periods of interruption, disruption, failure or degradation in Service, entitling Licensee to one or more credits under multiple service level standards, only the single highest credit with respect to that incident will be applied, and Licensee shall not be entitled to credits under multiple service level standards for the same incident. Service Credits will not be issued to Licensee if Licensee’s account with Provider is in arrears. In no event shall Provider’s total liability for any and all interruptions, disruptions, failures, and/or degradations in Service (including, without limitation, any Colocation Service Outage or failure to meet any objectives or parameters set forth in this Supplement) exceed fifty percent (50%) of the MRC for the affected Service.

Product Credits. The number of minutes of separate and discrete Colocation Outages will not be accumulated to determine the percentage of Product Credit. Product Credits hereunder are calculated as a percentage of the MRC set forth in the Order Form, and may not be applied to usage charges, government fees, taxes, or surcharges, or any third party charges passed through to Licensee by Provider. Product Credits issued to Licensee hereunder shall be Licensee’s sole and exclusive remedy at law or in equity on account of any Colocation Outage or any other defect in Product provided to Licensee. If an incident affects the performance of the Product and results in a period or periods of interruption, disruption, failure failure, or degradation in Service, entitling Licensee to one or more credits under multiple service level standards, only the single highest credit with respect to that incident will be applied, and Licensee shall not be entitled to credits under multiple service level standards for the same incident. Service Product Credits will not be issued to Licensee if Licensee’s account with Provider is in arrears. In no event shall Provider’s total liability for any and all interruptions, disruptions, failures, and/or degradations in Service Colocation (including, without limitation, any Colocation Service Outage or failure to meet any objectives or parameters set forth in this Supplement) exceed fifty percent (50%) of the MRC for the affected ServiceProduct.

Product Credits. The number of minutes of separate and discrete Colocation Outages will not be accumulated to determine the percentage of Product Credit. Product Credits hereunder are calculated as a percentage of the MRC set forth in the Order Form, and may not be applied to usage charges, government fees, taxes, or surcharges, or any third third-party charges passed through to Licensee by Provider. Product Credits issued to Licensee hereunder shall be Licensee’s sole and exclusive remedy at law or in equity on account of any Colocation Outage or any other defect in Product provided to Licensee. If an incident affects the performance of the Product and results in a period or periods of interruption, disruption, failure or degradation in Service, entitling Licensee to one or more credits under multiple service level standards, only the single highest credit with respect to that incident will be applied, and Licensee shall not be entitled to credits under multiple service level standards for the same incident. Service Credits will not be issued to Licensee if Licensee’s account with Provider is in arrears. In no event shall Provider’s total liability for any and all interruptions, disruptions, failures, and/or degradations in Service (including, without limitation, any Colocation Service Outage or failure to meet any objectives or parameters set forth in this Supplement) exceed fifty percent (50%) of the MRC for the affected Service.