Common use of Remedies for Service Availability Failures Clause in Contracts

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.