Remedies; Limitations. Except for the Onboarding Exception, if we fail to meet our service level commitment in a given calendar month and if, under such circumstances, our failure is not due to your activities, omissions, or inactivity, then upon receiving your written request for credit, we will issue you a pro-rated credit in an amount equal to the period of time of the outage and/or service failure. All requests for credit must be made by you no later than forty-five (45) days after you either (i) report the outage or service failure to us, or (ii) if applicable, receive a monthly report showing the outage and/or failure. The remedies contained in this paragraph and in the “Term; Termination” section above are in lieu of (and are to the exclusion of) any and all other remedies that might otherwise be available to you for our failure to meet any service level commitment during the term of this Agreement.
Remedies; Limitations. (a) The parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that, in addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, the Issuer, on the one hand, and the Holder, on the other hand, will be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement. The parties agree to waive in any action for specific performance of any such obligation (other than in connection with any action for a temporary restraining order) the defense that a remedy at law would be adequate.
Remedies; Limitations. Notwithstanding any provision to the contrary, except for the Startup Exception (described below), if Company fails to meet its Uptime commitment in a given calendar month, then upon written request from Client, Company shall issue Client a credit in an amount equal to the period of time of the outage. All requests for credit shall be made by Client no later than thirty (30) days after Client either (i) reports the outage to Company, or (ii) receives the monthly report showing the outage. Further, if Company fails to meet its Uptime commitment on ten (10) or more occasions over the course of a three (3) contiguous month period, Client shall have the right to terminate this Agreement immediately for cause by providing Company with written notice of termination, with no further liability to Company whatsoever. The remedies contained in this paragraph and those in Section 10(c) above, are in lieu of (and are to the exclusion of) any and all other remedies that might otherwise be available to Client for Company’s failure to meet any service level during the term of this Agreement.
Remedies; Limitations. The Parties confirm that the express remedies and measures of damages provided in this Agreement satisfy the essential purposes hereof. For breach of any provision for which an express remedy or measure of damages is provided, such express remedy or measure of damages will be the sole and exclusive remedy, the obligor’s liability will be limited as set forth in such provision and all other remedies or damages at law or in equity are waived. If no remedy or measure of damages is expressly provided herein, the Parties reserve and shall have all rights and remedies available to each of them at law or in equity with respect to the performance or non- performance of the other Party hereto under this Agreement. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER, RESULTING FROM, ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY INCIDENT TO ANY ACT OR OMISSION OF EITHER PARTY RELATED TO THE PROVISIONS OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER CLAIMS OR ACTIONS FOR SUCH DAMAGES ARE BASED UPON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY AT LAW OR EQUITY.
Remedies; Limitations. Except for the Onboarding Exception, if HCTG fails to meet its service level commitment in a given calendar month and if, under such circumstances, HCTG’s failure is not due to your activities, omissions, or inactivity, then upon receiving your written request for credit, HCTG will issue you a pro-rated credit in an amount equal to the period of time of the outage and/or service failure. All requests for credit must be made by you no later than forty-five (45) days after you either (i) report the outage or service failure to HCTG, or (ii) if applicable, receive a monthly report showing the outage and/or failure. The remedies contained in this paragraph and in Section 7(b) are in lieu of (and are to the exclusion of) any and all other remedies that might otherwise be available to you for HCTG’s failure to meet any service level commitment during the term of this Agreement.
Remedies; Limitations. Except for the Onboarding Exception, if XXXX fails to meet its Response Time commitment and if, under such circumstances, XXXX’x failure is not due to your activities, omissions, or inactivity, then upon receiving your written request for credit, XXXX will issue you a pro-rated credit in an amount as determined solely by XXXX to be reasonable to compensate for the failure to meet the Response Time commitment. All requests for credit must be made by you no later than forty-five (45) days after you either (i) report the failure to meet the Response Time commitment. The remedies contained in this paragraph are in lieu of (and are to the exclusion of) any and all other remedies that might otherwise be available to you for XXXX’x failure to meet any service level commitment during the term of this Agreement.
Remedies; Limitations. Notwithstanding any provision to the contrary, except for the Startup Exception, if FWC fails to meet its service level commitment, as detailed in the applicable Scope of Work or Service Level Agreement, in a given calendar month, then upon receiving your written request, FWC will issue you a credit in an amount equal to the period of time of the outage and/or service failure. All requests for credit must be made by you no later than thirty (30) days after you either (i) report the outage or service failure to FWC, or (ii) receive the monthly report showing the outage and/or failure. The remedies contained in this paragraph and those in Section 10(c) above, are in lieu of (and are to the exclusion of) any and all other remedies that might otherwise be available to you for FWC’s failure to meet any service level commitment during the term of this Agreement.
Remedies; Limitations. Notwithstanding anything to the contrary herein set forth, Consultant and AOI agree that in the event this Agreement is terminated pursuant to the provisions of Section 6, AOI’s entire liability to Consultant shall be limited to consulting fee payments (and related, approved expense reimbursements), which fall due prior to the date of termination.
Remedies; Limitations. Except for the Onboarding Exception, if ITS fails to meet its service level commitment in a given calendar month and if, under such circumstances, ITS’s failure is not due to your activities, omissions, or inactivity, then upon receiving your written request for credit, ITS will issue you a pro-rated credit in an amount equal to the period of time of the outage and/or service failure. All requests for credit must be made by you no later than forty-five (45) days after you either (i) report the outage or service failure to ITS, or (ii) if applicable, receive a monthly report showing the outage and/or failure. The remedies contained in this paragraph are in lieu of (and are to the exclusion of) any and all other remedies that might otherwise be available to you for ITS’s failure to meet any service level commitment during the term of this Agreement.
Remedies; Limitations. In the event of a Medway Grid Event of Default under Section 20.A.ii of this Agreement, and the failure to cure within 30 days of after notification by the Town of the Event of Default, the Town, subject to any limitations under Applicable Laws, shall add to any amount due and owing a 12% interest charge per year, prorated for the length of such Medway Grid Event of Default.
