Quarterly Commitment. The quarterly Uptime percentage for Qlik Sense Enterprise SaaS will be ninety-nine and nine-tenths percent (99.9%) (the “Quarterly Uptime Percentage ”). Subject to the exclusions described in Section 7.3 below, Quarterly Uptime Percentage is calculated by subtracting from 100% the percentage of 1-minute periods (or any portion thereof) during any calendar quarter in which Customer’s Cloud Tenant(s) is(are) not Available out of the total number of minutes in that calendar quarter. The Quarterly Uptime Percentage will be measured based on the industry standard monitoring and testing tools utilized by Qlik. Reports of Platform Uptime are located at xxxxxx.xxxxxxxxx.xxx.
Quarterly Commitment. Notwithstanding Section 10.3(b) (Monthly Commitment), below, if SMIC’s Capacity Plan is less than [*******], SMIC shall pay Spansion [*******] of the then current Contract Wafer price set forth in the Product Supplement for the amount by which the number of Contract Wafers supplied by SMIC is less than those specified in the Firmly Forecast Order. Furthermore, If SMIC supplies less than [*******] of the Contract Wafers listed on Spansion’s Purchase Order for the Firmly Forecast Orders, SMIC shall pay Spansion [*******] of the then current Contract Wafer price set forth in the Product Supplement for the amount by which the number of Contract Wafers supplied by SMIC is less than those specified in the Purchase Order. If Spansion purchases less than the Firmly Forecast Orders of Contract Wafers in a given quarter, Spansion shall pay to SMIC [*******] of the then current Contract Wafer price set forth in the Product Supplement for the amount by which the number of Contract Wafers purchased by Spansion in such quarter is less than [*******] of the Firmly Forecast Orders.
