Service Level Failures and Remedies. In the event of a Service Level Failure, Administrate shall issue a credit to Customer equal to five percent (5%) of the monthly fees for the Software Services for such Service Period for each full 30 minutes by which the Availability Requirement has been missed during such Service Period (each a “Service Credit”). For example, if the Availability Requirement was missed by 75 minutes, the Service Credit would be 10% of the monthly fees for the Software Services during such Service Period. Notwithstanding the foregoing, Administrate has no obligation to issue any Service Credit unless (i) Customer reports the Service Failure to Administrate immediately upon becoming aware of it, and (ii) requests such Service Credit in writing within fourteen (14) days of the Service Level Failure. The Customer will only be eligible for a Service Credit if the request is made in writing and contains at least the following information: (a) name of Customer and name of the contact person, (b) date and time when the unavailability was determined, (c) description of the observed unavailability, (d) the manner in which the unavailability has been determined, (e) evidence (such as screen prints), if available, and (f) scope of the unavailability (e.g. duration). Administrate will consider every request and will reply in writing within 14 days after receipt of Customer’s request. Administrate may agree fully, in part or not at all with Customer’s request. If Administrate does agree in part or not at all, Administrate’s response shall be accompanied by a clear explanation for its determination. Any Service Credit payable to Customer under this Agreement will be issued to Customer in the calendar month following the Service Period in which the Service Level Failure occurred. This Section 2 sets forth Administrate’s sole obligation and liability and Customer’s sole remedy for any Service Level Failure.
Service Level Failures and Remedies. In the event of a Service Level Failure, Xxxxxx shall issue a credit to Organization in the amounts set out in the table below (a "Service Level Credit(s)"), provided however, that Xxxxxx has no obligation to issue any Service Level Credit unless Organization: (i) reports the Service Level Failure to Xxxxxx immediately on becoming aware of it; and (ii) requests such Service Level Credit in writing within ten (10) days of the Service Level Failure. Service Period Availability (as calculated in the table above) Service Level Credit (Percentage of Monthly Payment of Annual Subscription Fees) Equal to or greater than 99.5% 0% Equal to or greater than 98.5% 2% Equal to or greater than 97.5% 6% Less than 97.5% 12% Service Level Credits are not compounding and shall be limited to a maximum of twelve percent (12%) of the pro-rated portion of the Annual Subscription Fees paid by Organization for the Services applicable to the calendar month in which the Service Level Failure occurred (and in no event shall the total Service Level Credits due to Organization in any twelve (12) month period exceed 12% of the Annual Subscription Fees). Any Service Level Credit due to Organization under this Schedule “D” will be issued to Organization and applied at the time of invoicing for the next applicable invoice date. DocuSign Envelope ID: 51D35360-63FB-4886-91DF-81D9F3FC7F5A This Schedule “D” sets forth Xxxxxx’ obligation and liability and Organization’s sole remedy for any Service Level Failure.
Service Level Failures and Remedies. In the event of a Service Level Failure, Provider shall issue a credit to Customer in proportion to the duration of the Service Level Failure, (each a “Service Credit”), subject to the following:
(a) Provider has no obligation to issue any Service Credit unless (i) Customer reports the Service Failure to Provider immediately on becoming aware of it; and (ii) requests such Service Credit in writing within five (5 ) days of the Service Level Failure; and
(b) in no event will a Service Level Credit for any Service Period exceed fifty percent (50%) of the total Fees that would be payable for that Service Period if no Service Level Failure had occurred. Any Service Credit payable to Customer under this Agreement will be issued to Customer in the calendar month following the Service Period in which the Service Level Failure occurred. This Section 5.2 sets forth Provider’s sole obligation and liability and Customer’s sole remedy for any Service Level Failure.
Service Level Failures and Remedies. In the event of a Service Level Failure, LI- COR may issue a credit to Customer in an amount determined in LI-COR’s discretion based on the nature and length of the Service Level Failure. (each a "Service Credit"), subject to the following:
(a) LI-COR has no obligation to issue any Service Credit unless (i) Customer reports the Service Failure to LI-COR immediately on becoming aware of it; and (ii) requests such Service Credit in writing within fourteen (14) days after the end of the Service Period in which the Service Level Failure occurred; and Any Service Credit payable to Customer under this Agreement will be issued to Customer in the form of additional days of service added onto the end of the Subscription Period. This Section 5.2 sets forth LI-COR’s sole obligation and liability and Customer's sole remedy for any Service Level Failure.
Service Level Failures and Remedies. In the event of a Service Level Failure lasting more than 1 hour, Prelim will issue a credit to Customer in the amount of 5% of the monthly Fees for the Services due for the Service Period in which the Service Level Failure occurred (each a "Service Credit"). In no event will more than one such Service Credit accrue per day, and such Service Credits will not be cumulative beyond a total of credits for 1 week of Fees in any one calendar month. Notwithstanding the foregoing, Prelim has no obligation to issue any Service Credit unless (a) Customer reports the Service Failure to Prelim within 24 hours of such Service Level Failure; and (b) requests such Service Credit in writing within 10 days of the Service Level Failure. Any Service Credit payable to Customer under this Agreement will be issued to Customer in the calendar month following the Service Period in which the Service Level Failure occurred. This Section 5.3 sets forth Prelim's sole obligation and liability and Customer's sole remedy for any Service Level Failure.
Service Level Failures and Remedies. In the event the Availability percentage is below the Availability Requirement, Nuix shall issue a credit to the Customer for the Service Period the Service Level Failure occurred (“Service Credit”), subject to the following:
a. The amount of the Service Credit is equal to the number of minutes the Service is not Available above the Availability Requirement divided by the total minutes in the Service Period multiplied by the monthly Fees for the Service, subject to a Service Credit maximum of five percent (5%) of the total fees that would be payable for that Service Period if no Service Level Failure occurred.
b. Nuix has no obligation to issue any Service Credit unless: (i) Customer requests such Service Credit in writing within 3 calendar days of receipt of the invoice for the Service Period, (ii) Customer is fully paid- up (i.e., not delinquent) on any payments to Nuix, and (iii) the Service Credit is greater than $1 USD. Any Service Credit payable to Customer under this Agreement will be issued to Customer in the calendar month following the Service Period in which the Service Level Failure occurred, provided that no Service Credit will be issued during a termination notice period. This Section 3 sets forth Nuix’s sole obligation and liability and Customer's sole remedy for any Service Level Failure.
Service Level Failures and Remedies. In the event of a Service Level Failure, We shall issue a credit to You equivalent to the Fees for the Hosted Services in which the Service Level Failure occurred, prorated for that portion of the month for which the Service Level Failure existed, (each such pro-rated credit being a "Service Credit"). Any Service Credit payable to You under this Agreement will be issued to You in the calendar month following the Service Period in which the Service Level Failure occurred. This Section 6.04 sets forth Our sole obligation and liability and Your sole remedy for any Service Level Failure.
Service Level Failures and Remedies. In the event of a Service Level Failure, Nuix shall issue a credit to Customer in the amount of one percent (1%) of the monthly Fees for the Services due for the Service Period the Service Level Failure occurred (each a "Service Credit"), subject to the following:
a. Nuix has no obligation to issue any Service Credit unless: (i) Customer reports the Service Failure to Nuix immediately on becoming aware of it; (ii) requests such Service Credit in writing within 3 calendar days of the Service Level Failure, and (iii) Customer is fully paid-up (i.e., not delinquent) on any payments to Nuix; and
b. in no event will a Service Level Credit for any Service Period exceed five percent (5%) of the total fees that would be payable for that Service Period if no Service Level Failure had occurred. Any Service Credit payable to Customer under this Agreement will be issued to Customer in the calendar month following the Service Period in which the Service Level Failure occurred, provided that no Service Credit will be issued during a termination notice period. This Section 5 sets forth Nuix’s sole obligation and liability and Customer's sole remedy for any Service Level Failure.
Service Level Failures and Remedies. In the event of a Service Level Failure, Word-Tech may issue a credit to Customer for the applicable percentage of the monthly Fees for the Hosted Services due for the Service Period in which the Service Level Failure occurred (each, a “Service Credit”). Word-Tech has no obligation to issue any Service Credit unless (a) Customer reports the Service Failure to Word- Tech immediately on becoming aware of it; and (b) requests such Service Credit in writing within thirty (30) days of the Service Level Failure. Any Service Credit payable to Customer under this Agreement will be issued to Customer in the calendar month following the month in which Customer requests the Service Credit. Customer may terminate this Agreement, effective upon on written notice to Word-Tech, in the event the DocMinder® Hosted Service is Available less than 99.0% in any three (3) months out of a consecutive six (6) month period and Word-Tech will issue Customer a refund equal to the balance of any prepaid amount. This Section 5.2 sets forth Word-Tech's sole obligation and liability and Customer's sole remedy for any Service Level Failure.
Service Level Failures and Remedies. In the event of a Service Level Failure, we shall issue a credit to you according to the process specified in Exhibit B.
