Remedies for Service Availability Failures. (a) If the actual Availability of the Services is less than the Availability Requirement for any Service Period, such failure will constitute a Service Error for which Supplier will issue to the University the following credits on the fees payable for Services provided during the Service Period (“Service Availability Credits”): Availability Credit of Fees ≥99.95% None <99.95% but ≥99.0% 15% <99.0% but ≥95.0% 50% <95.0% 100%
Remedies for Service Availability Failures. (a) If the actual Availability of the Hosted Services is less than the Availability Requirement for any Service Period, such failure shall constitute a Service Error for which Provider shall issue to Customer the corresponding service credits as set forth in Schedule C (”Service Availability Credits”) in accordance with Section 8.13.
Remedies for Service Availability Failures. If the actual Availability of the Licensed Materials is less than the Availability Requirement for any Service Period, such failure shall constitute a Service Error for which Enova shall issue to Cash America a credit of 15% of the annual Maintenance Fee (as defined below) for each Service Period where the actual Availability is less than the Availability Requirement (“Service Availability Credits”), in an amount not to exceed the annual Maintenance Fee during any particular 12-month period. Any Service Availability Credits due under this Section 8 will be applied to any future Maintenance Fees, or, if the future Maintenance Fees are not sufficient to satisfy the Service Availability Credits, then Enova shall pay Cash America such amounts owed within 30 days of the determination of such credits.
Remedies for Service Availability Failures. If the actual Availability of the Hosted Services is less than the Availability Requirement for any Service Period, such failure shall constitute a Service Error for which the Xxxxxx-Xxxxxx shall issue to the Customer corresponding service credits ("Service Availability Credits") according to the following schedule: Availability Compliance Service Availability Credit 98% to 99.90% 5% of the monthly fee for the Hosted Services For each partial or full one percent decrease below 98% An additional 1% of the monthly fee* *(For Example 97.3 % Availability will result in a 6% credit, and 96.3 % Availability will result in a 7% credit.) No credit will be applied unless the total credits applicable for the Service Period equal at least $10, and the aggregate credit for any Service Period may not exceed 100% of the monthly Fee for the Hosted Services. To qualify for a credit, the Customer must contact the Xxxxxx-Xxxxxx’ Technical Contact by email no later than ten (10) days from the end of Service Period in which the event occurs describing with specificity the date(s) and time(s) of the event, the length of the event (in minutes and hours), the type of event, and what effect the event had on the Customer’s ability to access or use the Services during the event. Upon receipt of such notice the Xxxxxx-Xxxxxx will investigate the facts which led to the event, and will make a good faith determination of whether the Customer is entitled to a credit within thirty (30) calendar days from the date on which written notice is delivered pursuant to this Section 3.3. Service Availability Credits will be applied as set forth in Section 2(C) of the Master Document.
Remedies for Service Availability Failures. If the actual Availability of the Hosted Services and Software is less than the Availability Requirement for any Service Period, such failure will constitute a Service Error for which Contractor will issue to the State the following credits on the fees payable for Hosted Services and Software provided during the Service Period (“Service Availability Credits”): Availability Credit of Fees ≥99.98% None <99.98% but ≥99.0% 15% <99.0% but ≥95.0% 50% <95.0% 100% Any Service Availability Credits due under this Section will be applied in accordance with payment terms of the Contract. If the actual Availability of the Hosted Services and Software is less than the Availability Requirement in any two (2) of four (4) consecutive Service Periods, then, in addition to all other remedies available to the State, the State may terminate the Contract on written notice to Contractor with no liability, obligation or penalty to the State by reason of such termination.
Remedies for Service Availability Failures. If Customer’s production instances of the Hosted Service fall below the Availability Requirement during a calendar month, Customer’s exclusive remedy for failure of the Hosted Service to meet the Availability Requirement is to request that either: (a) the affected Subscription Term be extended for the number of minutes the Hosted Service was not available in the month in accordance with the Availability Requirement; or (b) LeakSignal issue a service credit to Customer for the dollar value of the number of minutes the Hosted Service was not available in the month in accordance with the Availability Requirement (determined at the deemed per minute rate LeakSignal charges to Customer for Customer’s use of the affected Hosted Service), which Customer may request LeakSignal apply to the next invoice for subscription fees.
Remedies for Service Availability Failures. 9.6.1 If the actual Availability of the Subscription Services is less than the Availability Requirement for any Service Period, such failure shall constitute a Service Error for which Entegrata shall issue to Subscriber the corresponding service credits as set forth in Exhibit B ("Service Availability Credits").
Remedies for Service Availability Failures. Customer’s sole remedy for Provider’s failure to provide Service Availability as set forth in Section 4 is to receive service credits commensurate with the fees paid by Customer for the time in which Provider failed to provide Service Availability for at least 95% of the one (1) month time period.
Remedies for Service Availability Failures. If the availability of the Subscription Services is less than the Availability Requirement for any Service Period, such failure shall constitute a Service Error as calculated on pro- rated monthly fees, as set forth below ("Service Availability Credits"). To receive such credits, the State must request in writing within 3 days from receipt of the Service Availability Report for the month against which such claim is being made. Credits shall not exceed actual amounts paid by the State. Availability Credit ≥99.9% None <99.9% but ≥99.0% 15% <99.0% but ≥95.0% 35% <95.0% 100% Any Service Availability Credits due will be applied to any unpaid or future invoices, but will not be refunded to the State, except where credits exist at the end of the final term, where no renewal has occurred, or if the State terminates for cause, in which case an amount equivalent to the unapplied Credit(s) will be paid to the State. Unavailability Credits are available for qualifying events occurring in the Production environment only.
Remedies for Service Availability Failures. (a) If the actual Availability of the Serve Software is less than the Availability Requirement for any Service Period, such failure shall constitute a “Service Error”.
