Common use of Service Credit Escalators and Other Remedies Clause in Contracts

Service Credit Escalators and Other Remedies. (a) Second Event. Element Critical will pay out Service Credits at 200% of the amounts listed above in sections 4(c), (d), (e), and (f), up to 100% of the MRC for the affected Service, for the second qualifying Event of the same Service Level with the same root cause during a calendar month. (b) Chronic Trouble. Customer may terminate an Order for cause if Customer experiences “Chronic Trouble” under an applicable SLA for the Services in such Order. Chronic Trouble means Customer has experienced more than three Events with the same Service, as determined by Element Critical acting reasonably, within a 90-day period measured from the date of the first Event. Additionally, if a Service Level violation specified in sections 4(c) Power Availability or 4(d) Environmental Envelope, persist for more than 72 consecutive hours, Customer may terminate the Order containing the affected Service(s) but not this Agreement, for cause. Customer must give written notice of their intent to terminate the affected Services within 30 days of the Event or 72-hour Event triggering Chronic Trouble. Said termination will be Customer’s sole and exclusive remedy for the applicable Chronic Trouble or 72-hour Event. Said termination will take effect 30 days after Customer gives Element Critical the termination notice.