Remedies and Credits Sample Clauses

Remedies and Credits. CONTRACTOR's failure to correct priority level Deficiencies within the applicable prescribed resolution time Requirement set forth in Section VII.B (Priority Level Deficiencies) or to meet the System availability warranty and System response time warranty specified above shall entitle COUNTY to the remedies set forth below.
Sample 1
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Remedies and Credits. Credits for power outages are determine and calculated on a per-occurrence basis, commencing upon the Provider’s initial awareness of an outage and ending when the service has been restored. Customer’s service credit is a prorated amount derived from the monthly space and power fee for the affected service. Customer’s service credit shall not exceed total monthly billable irregardless of service affecting period. Non-proactive credits must be requested from the CRG West within 10 days of the resolution of the outage for which the credit is being requested. Remedies shall only be given on affected cabinets or cages purchased from Provider, Length of Type of Category Outage Credit Amount of Credit Provider Facility [***] minutes Proactive [***] day space and power fee for the affected service PORTIONS DENOTED WITH [***] HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. b. Environmentals. Provider will use commercially reasonable and good faith efforts to ensure that the temperature of open space in the collocation area will remain between [***] and [***] degrees Fahrenheit, and relative humidity will remain between [***]%. If the temperature or humidity of the open space in the collocation area exceeds these parameters, customer may be eligible for a service credit to be applied to their next monthly invoice for services. This commitment in no way applies to localized condition within a particular cabinet or other enclosed space. Remedies and Credits. Credits for environmental violations are determined and calculated on a per-occurrence basis, commencing upon the NOC’s initial awareness of an outage and ending when the environment has been normalized. Customer’s service credit is a prorated amount derived from monthly space fee for the affected service. Non-proactive credits must be requested from CRG West’s Sales team within 10 days of the resolution of the outage for which the credit is being requested. Remedies shall only be given on affected cabinets or cages purchased from Provider. Allowed Type of Category Parameters Credit Amount of Credit Provider Facility Temperature [***] degrees Fahrenheit Proactive [***] day space and power fee for the affected service Provider Facility Temperature [***]% Proactive [***] day space and power fee for the affected service
Sample 1
Remedies and Credits. Credits for physical security violations are determine and calculated on a per-occurrence basis. Customer’s service credit is a prorated amount derived from the monthly space fee for the affected service. Non-proactive credits must be requested from CRG West within 30 days of the resolution of the outage for which the credit is being requested. Remedies shall only be given on affected cabinets or cages purchased from Provider. PORTIONS DENOTED WITH [***] HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. Type of Credit Category Credit Amount of Credit Provider Facility Proactive [***] day space and power fee for the affected service Other – Missed installation date – Waiver of install fee.
Sample 1
Remedies and Credits. If the average Network Availability performance objectives fall below the stated levels within the calendar month, SECOM a service credit as stated below. Length of outage Amount of Credit Less than 45 minutes None 45 minutes to 3 hours 1 day prorated Monthly Recurring Charge for the circuit 3 hours to 8 hours 2 days prorated Monthly Recurring Charge for the circuit 8 or more hours 5 days prorated Monthly Recurring Charge for the circuit Length of failed performance Amount of Credit Less than 45 minutes None 45 minutes to 3 hours 1 day prorated Monthly Recurring Charge for the circuit 3 hours to 8 hours 2 days prorated Monthly Recurring Charge for the circuit 8 or more hours 5 days prorated Monthly Recurring Charge for the circuit
Sample 1

Related to Remedies and Credits

  • REMEDIES AND WAIVERS No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

  • Remedies and Waiver All remedies of any party are cumulative. Failure of either the Ceding Company or the Reinsurer to exercise any right, privilege, power or remedy at law, equity or in existence by virtue of this Agreement or to otherwise insist upon strict compliance with any of the terms, provisions and conditions of this Agreement, or the obligations of the other party, will not constitute a waiver of such right, privilege, power, remedy, term, provision, condition, or obligation. Moreover, the failure of either party to enforce any part of this Agreement shall not be deemed to be an act of ratification or consent. No prior transactions or dealings between the parties shall be deemed to establish any custom or usage waiving or modifying any provision of this Agreement.

  • REMEDIES, ETC CUMULATIVE. Each and every right, power and remedy of the Pledgee provided for in this Agreement or in any other Secured Debt Agreement, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Pledgee or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Secured Debt Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Pledgee or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree that this Agreement may be enforced only by the action of the Administrative Agent or the Pledgee, in each case acting upon the instructions of the Required Lenders (or, after the date on which all Credit Document Obligations have been paid in full, the holders of at least the majority of the outstanding Other Obligations) and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent or the Pledgee or the holders of at least a majority of the outstanding Other Obligations, as the case may be, for the benefit of the Secured Creditors upon the terms of this Agreement.

  • Remedies Available If there shall occur an Event of Default under this Mortgage, then this Mortgage is subject to foreclosure as provided by law and Mortgagee may, at its option and by or through a trustee, nominee, assignee or otherwise, to the fullest extent permitted by law, exercise any or all of the following rights, remedies and recourses, either successively or concurrently:

  • Remedies and Related Rights If an Event of Default shall have occurred, and without limiting any other rights and remedies provided herein, under any of the other Loan Documents or otherwise available to Secured Party, Secured Party may exercise one or more of the rights and remedies provided in this Section.

  • REMEDIES AND DAMAGES Section 17.1 (A) If there shall occur any Event of Default, and this Lease and the Term shall expire and come to an end as provided in Article 16 hereof:

  • Remedies and Injunctive Relief Executive acknowledges that a violation by Executive of any of the covenants contained in Sections 6, 7, 8, or 9 would cause irreparable damage to the Company in an amount that would be material but not readily ascertainable, and that any remedy at law (including the payment of damages) would be inadequate. Accordingly, Executive agrees that, notwithstanding any provision of this Agreement to the contrary, the Company shall be entitled (without the necessity of showing economic loss or other actual damage) to injunctive relief (including temporary restraining orders, preliminary injunctions, and permanent injunctions) in any court of competent jurisdiction for any actual or threatened breach of any of the covenants set forth in Sections 6, 7, 8, or 9 in addition to any other legal or equitable remedies it may have. The preceding sentence shall not be construed as a waiver of the rights that the Company may have for damages under this Agreement or otherwise, and all of the Company’s rights shall be unrestricted.

  • Powers and Remedies Cumulative Delay or Omission Not Waiver of Default. Except as provided in Section 5.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of Securities or Coupons to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 5.06, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or Coupons.

  • Rights and Remedies Cumulative Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities in the last paragraph of Section 306, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

  • Waivers and remedies cumulative The rights of each Finance Party under the Finance Documents:

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