Service Level Credit Earn Back Sample Clauses

Service Level Credit Earn Back. (i) For KPI Service Levels only, Unisys has the opportunity to earn back the Service Level Credit if, during each of the two months immediately following the Service Level Default, Unisys achieved a performance in a KPI that was greater than or equal to the Service Level in effect for such KPI during the preceding 6-month period, and there is not more than one Service Level Default in the six-month period, Unisys shall be relieved from paying any Service Level Credit assessed during the six-month reporting window for such Service Level. (ii) The Service Level Credit Earn Back process is based on the Service Level Reporting Period. (iii) Within fifteen (15) business days after the end of each 6-month period during the Term, Unisys shall provide a summary report to City that shall include, with respect to each KPI for which there was a Service Level Default during the preceding six (6) months, the following statistics on Unisys average monthly performance by month during the period: the average of Unisys monthly performance in that KPI during the preceding six (6) months; and the total amount of related Service Level Credits by month. (iv) If the Agreement is terminated prior to the end of the Term of the Agreement, the foregoing process shall be undertaken with respect to the portion of the reporting period during which the Agreement was in effect.
Sample 1
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Service Level Credit Earn Back. With respect to any * Default of an availability measurement (i.e, percentage of Availability or allowable minutes of Downtime), IBM may earn back the Service Level Credit it has paid to Equifax for such Default if IBM exceeds the failed * by at least five percent (*) for the * (*) consecutive months following the month in which the * Default occurred. For example, if a * requires * Availability, IBM must achieve at least * Availability for the following * consecutive months to earn back the Service Level Credit. Similarly, if a * prohibits more than * minutes of Downtime per month, IBM must achieve less than * minutes of Downtime for the following * consecutive months to earn back the Service Level Credit. For the avoidance of doubt, this provision does not excuse IBM from paying Service Level Credits when due pursuant to Section 4.3(b). If IBM becomes entitled to repayment of a previously paid Service Level Credit under this paragraph, IBM may include the amount earned back in IBM’s next invoice to Equifax under the Agreement.
Sample 1
Service Level Credit Earn Back. (a) If, during the [***] period immediately following the Measurement Window of a Service Level Failure that generated a Service Level Credit, Supplier’s performance is greater than or equal to the applicable Service Level metric for each of such [***], then Supplier will earn back [***] of the applicable Service Level Credit associated with, and previously credited for, the Service Level Failure (a “Earn Back”), subject to the following: (i) A Earn Back shall not apply to the same Service Level more than [***]; and (ii) Supplier shall not be eligible for Earn Back for a Service Level Failure that involves performance that is more than [***] the required Service Level level. For example, if a Service Level requires 99.5% availability or 99.5% of claims to be processed within 1 hour, if availability is less than [***] of such claims are processed within 1 hour, Supplier would not be eligible to Earn-Back the Service Level Credit payable for the failure). (b) If Supplier fails to satisfy the requirements in Section ‎4.4(a), then Supplier shall not be capable of generating a Earn Back for that Service Level Credit. Earn Backs will be provided as set forth in Section ‎4.5 below.
Sample 1

Related to Service Level Credit Earn Back

  • Service Level Credits If Verint does not meet the Uptime Percentage levels specified below, Customer will be entitled, upon written request, to a service level credit (“Service Level Credit”) to be calculated, with respect to the applicable Hosted Environment, as follows: • If Uptime Percentage is at least 99.95% of the month’s minutes, no Service Level Credits are provided; or • If Uptime Percentage is 99.75% to 99.94% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is 99.50% to 99.74% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 7.5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is less than 99.50% of the month’s minutes, Customer will be eligible for a credit of 10.0% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint. Customer shall only be eligible to request Service Level Credits if Customer notifies Verint in writing within thirty (30) days from the end of the month for which Service Level Credits are due. All claims will be verified against Verint’s system records. In the event after such notification Verint determines that Service Level Credits are not due, or that different Service Level Credits are due, Verint shall notify Customer in writing on that finding. With respect to any Services Level credits due under Orders placed directly by Customer on Verint, Service Level Credits will be applied to the next invoice following Customer’s request and Verint’s confirmation of available credits; with respect to any Service Level Credits due for SaaS Services under Orders placed on Verint by a Verint authorized reseller on Customer’s behalf, Service Level Credits will be issued by such reseller following Customer’s request and Verint’s confirmation of available credits and such Services Level Credits may only be used by Customer with respect to subsequent purchases of Verint offerings through that reseller. Service Level Credits shall be Customer’s sole and exclusive remedy in the event of any failure to meet the Service Levels. Verint will only provide records of system availability in response to Customer’s good faith claims.

  • Service Level Commitment IBM provides the following service level commitment (“SLA”) for the Cloud Service, after IBM makes the Cloud Service available to you.

  • EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.

  • Service Level In the event that League InfoSight discovers or is notified by you of the existence of Non-Scheduled Downtime, we will use commercially reasonable efforts to determine the source of the problem and attempt to resolve it as quickly as possible.

  • Interest Rates and Letter of Credit Fee Rates Payments and Calculations (a) Interest Rates. Except as provided in Section 2.13(c) and Section 2.15(a), all Obligations (except for the undrawn portion of the face amount of Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to the lesser of (i) the LIBOR Rate plus the Applicable Margin, or (ii) the maximum rate of interest allowed by applicable laws; provided, that following notice to Borrower in accordance with Section 2.15(a) hereof, all Obligations that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal, during the duration of the circumstances described in Section 2.15(a), to the lesser of (A) the Base Rate plus the Applicable Margin as calculated pursuant to Section 2.15(a) or (B) the maximum rate of interest allowable by applicable laws.

  • Service Level Expectations Without limiting any other requirements of the Agreement, the Service Provider shall meet or exceed the following standards, policies, and guidelines:

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

  • Change in Credit and Collection Policy At least thirty (30) days prior to the effectiveness of any material change in or material amendment to the Credit and Collection Policy, a copy of the Credit and Collection Policy then in effect and a notice (A) indicating such change or amendment, and (B) if such proposed change or amendment would be reasonably likely to adversely affect the collectibility of the Receivables or decrease the credit quality of any newly created Receivables, requesting the Agent's consent thereto.

  • Service Levels All service level requirements will be set forth in Exhibit A (“XXXX.xxx Referral Service Level Requirements”). Recipient Xxxxxx agrees to adhere, and encourage Recipient Agent’s adherence, with the version of the XXXX.xxx Referral Service Level Requirements in effect at the time XXXX.xxx identifies the Referral to Recipient Broker/Agent.

  • Issuing Lender Reporting Requirements Each Issuing Lender shall, on the first Business Day of each month, provide to Administrative Agent and Borrower a schedule of the Letters of Credit issued by it, in form and substance satisfactory to Administrative Agent, showing the date of issuance of each Letter of Credit, the account party, the original face amount (if any), and the expiration date of any Letter of Credit outstanding at any time during the preceding month, and any other information relating to such Letter of Credit that the Administrative Agent may request.

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