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”):
(b) Any Service Availability Credits due under this Section 2.6 will be applied in accordance with payment terms of the Agreement.
(c) Supplier's repeated failure to meet the Availability Requirements will constitute a material breach under the Agreement. Without limiting the University's right to receive Service Availability Credits, the University may terminate the Agreement for cause in accordance with terms of the Agreement.
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. (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.
(b) If the actual Availability of the Hosted Services is less than the Availability Requirement in any two of four consecutive Service Periods, then, in addition to all other remedies available to Customer, Customer may terminate this Agreement and/or any Service Order on written notice to Provider with no liability, obligation or penalty to Customer by reason of such termination.
(c) Any Service Availability Credits due under this Section 5.5 will be applied as set forth in Schedule C.
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. (a) If the Availability of the Unqork Systems is less than the Availability Requirement for any Service Period, Unqork shall issue to the Customer the corresponding service credits as set forth in the chart below (“Service Availability Credits”).
(b) If the Availability of the Unqork Systems is less than the Availability Requirement: (i) in any three of twelve calendar months or (ii) 95% in any calendar month, then, in addition to all other remedies available to Customer, Customer may terminate the Customer Agreement and Customer Order, including this XXXX, upon written notice to Unqork with no liability, obligation or penalty to Customer by reason of such termination. Availability Requirement Service Availability Credits The Unqork Systems shall be Available 99.9% of the time during each Service Period, excluding Exceptions. No Service Availability Credits will be given for any Service Period in which the actual Availability of the Unqork Systems equals or exceeds the Availability Requirement during such Service Period. Customer is entitled to a Service Availability Credit of 1% of the Fees payable during the Service Period for each 0.1% by which actual uptime is less than the Availability Requirement, such credit not to exceed 50% in any Service Period.
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 Organization the following credits on the fees payable for Services provided during the Service Period (“Service Availability Credits”):
(b) Any Service Availability Credits due under this Section 2.6 will be applied in accordance with payment terms of the Agreement.
(c) Supplier's repeated failure to meet the Availability Requirements will constitute a material breach under the Agreement. Without limiting the Organization's right to receive Service Availability Credits, the Organization may terminate the Agreement for cause in accordance with terms of the Agreement.
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 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 corresponding to 4% of the average monthly charge paid by the Customer as set forth in in accordance with Section 6.10.
(b) If the actual Availability of the Hosted Services is less than the Availability Requirement in any three consecutive months, then, in addition to all other remedies available to Customer, Customer may terminate this Agreement on written notice to Provider with no liability, obligation or penalty to Customer by reason of such termination.
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").
9.6.2 If the actual Availability of the Subscription Services is less than the Availability Requirement in any two of four consecutive Service Periods, Subscriber may terminate this Agreement on written notice to Entegrata, which must be given no later than the date ten (10) days following the date of Subscriber’s receipt of the Service Availability Report indicating such failure, with no liability, obligation, or penalty to Subscriber by reason of such termination.
9.6.3 Any Service Availability Credits due under this Section 9.7 will be applied as set forth in Exhibit B.
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”.
(b) If the actual Availability of the Serve Software is less than the Availability Requirement in any two of four consecutive Service Periods, then Serve will be deemed to be in breach of this Agreement, and Magna shall be entitled to exercise all remedies available to it hereunder and under applicable law.
