Service Level Default. If, during any calendar month, there is a Service Level Default, based on fail- ure to meet Resolution Time Minimum Service Levels in any Service Category numbered 1 or 2 as per the table in section 5 below, then, in addition to any other rights Customer maintains under the Agreement, Customer shall be entitled to a credit equivalent to five percent (5%) of the Transaction Fees payable in relation to the relevant calendar month which shall be applied as a credit in a sub- sequent invoice against Fees.
Service Level Default. A "Service Level Default" occurs when one or more of the following occurs:
1.5.1 T h e Blockage MTTR and/or the Conduit Cut MTTR is not met during a given calendar month;
1.5.2 T h e Total Downtime exceeds the number of hours calculated in accordance with Section 1.3 above based on the ratio of one (1) hour for every 100 Servable Addresses;
1.5.3 T h e City does not complete the installation of a Go-Back Drop Conduit or Non- Standard Drop Conduit within the timeframes set out in Section 1.4 above.
Service Level Default. A “Service Level Default” shall be deemed to have occurred if, for any reason (except to the extent caused by a default by Tops under this Agreement or an event of Force Majeure), C&S fails to maintain the applicable Required Service Level during *. Each period * shall be a “Measurement Period.”
Service Level Default. In the event of a failure to meet the Service Commitment (each, a “Service Level Default”), Company will take commercially reasonable actions to correct the Service Level Default within the “Resolution Time” associated with the severity of the incident, after response, as set forth by the “Incident Response Service Level Agreement Table”. Customer shall have the right to terminate this Agreement or the applicable Order in the event Customer experiences multiple defaults as follows: (a) Service Level Defaults occur more than four (4) times in any rolling three- (3-) month period; or (b) a Service Level Default occurs more than six (6) times in any rolling twelve- (12-) month period. Company will immediately reimburse Customer, on a prorated basis from the time of termination notification, the Fees Customer prepaid but which were unused for future Services, in the event Customer terminates Services pursuant to this Section 7.
Service Level Default. Priority Level Impact Outage Response Time Impact Outage Occurrences
Service Level Default. Service Level Default is defined as Vendor’s failure to meet an Expected Service Level. A Service Level Default will result in the issuance to Customer of the applicable Service Level Credit.
Service Level Default. If DigitalEd fails to meet its service level objective as set out above, then Customer shall be entitled to a service credit calculated as a percentage of the Access Fee, pro-rated for the affected month for the number of Users affected and the number of days that month where the service level objective was not met (the “Service Credit”). In order to receive the Service Credit, Customer must request such credit in writing by opening a case within fourteen (14) days of the end of the applicable month and DigitalEd has investigated and confirmed the entitlement and amount of the Service Credit. In no event shall the Service Credit exceed 100% of the Access Fee, pro rated per month. Upon confirmation, the Service Credit shall be applied to any renewal of the Subscription Period. DigitalEd is committed to providing its customers with the following support services, which are incorporated by reference and forms part of the Master Services Agreement between Customer and DigitalEd, as may be updated by DigitalEd from time to time, in its sole discretion, acting reasonably, and posted at xxx.xxxxxxxxx.xxx/xxxxx. Capitalized terms used herein but not defined shall have the meaning ascribed to them in the Agreement.
Service Level Default. JCPenney shall have the right to terminate this Agreement with respect to a Service Level Default as set forth in Schedule 2.1(g) (Service Level Standards).
Service Level Default. The Parties agree that a “Service Level Default” shall have occurred if, for any reason other than a [***], C&S fails to maintain the Required Service Level during a Measurement Period (as defined in Section 6.1). Should BWD believe that a Service Level Default has occurred, BWD shall give notice to C&S and C&S shall use its commercially reasonable best efforts to immediately restore the Required Service Level. [***].
Service Level Default. There will be deemed to have been a Chronic or Significant Service Level Default which shall entitle Customer to terminate the Set of Agreements, in whole or in part, on the occurrence of any of the events set forth in Exhibit 7.4(a) - Service Levels and Service Level Credits (Matrix, Table III), provided that Customer provides notice of termination within a period of twelve (12) months after Customer has become aware of the event as set out therein, unless otherwise agreed upon in the remediation plan or the Change Management Procedures. Such termination will be considered a termination for cause as per Section 10.3 (Termination for Cause).