Common use of Remedies; Limitations Clause in Contracts

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. 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 fifteen (3015) days after Client either (i) reports the outage to Company, or (ii) receives the monthly report showing the of outage. Further, if Company fails to meet its Uptime commitment on ten Fifteen (1015) 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. 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.