Common use of Service Level Policies Clause in Contracts

Service Level Policies. (a) A violation of this SLA will not constitute a default under the MSA. In the event Element Critical does not meet the performance level in the Service Level Agreement set forth in this Attachment 1 (“Service Levels”), as Customer’s sole and exclusive remedy, and Element Critical’s sole liability for not meeting the performance objective, Element Critical shall provide the Service Level Credits in the manner specified in the SLA (“Service Level Credits”). Element Critical will process Service Level Credits for failures to satisfy a Service Level (“Events”) as set forth in the applicable SLA. Customer waives all remedies other than those expressly set forth in this SLA. (b) Once an event begins, it continues until it is resolved by Element Critical. Intermittent failures during which Service Levels may fluctuate do not give rise to multiple Service Level Credits or constitute multiple Events under section 5. For clarity, in no case can the same failure to maintain the Service Levels with the same cause constitute more than one event per 24 hour period. (c) If an Event has occurred which qualifies for a Service Level Credit, Customer must notify Element Critical via xxxxxxx@xxxxxxxxxxxxxxx.xxx or to Billing at the address specified herein for notice, and provide details pertaining to the Event within 30 days of the occurrence. If Customer does not notify Element Critical within the required time period, Customer forfeits any right to claim that a Service Level Credit is due. For the purpose of calculating whether a Service Level Credit may be due, and the duration of an Event, Element Critical will calculate time periods beginning from the earlier of (a) Element Critical’s actual awareness of the event; or (b) the point where Element Critical should reasonably have been aware of the event until the point where Element Critical has resolved the Event. Unless otherwise noted, the performance objective will be based on the full calendar month of Service since the last renewal period in which the Event occurs. The maximum Service Level Credits that may be earned for any calendar month shall not exceed 100% of the portion of the MRC of the affected Services stated in the Order. Any excess Service Level Credits are forfeited and shall not be carried over to future months. (d) Except as otherwise expressly provided in this SLA, Element Critical shall not in any way be liable or responsible to Customer for any loss, damage or expense which Customer may sustain or incur as a result of the unavailability of or interruption in any Service Level, the unavailability or interruption in the supply of electric current, a change in the quantity or character or nature of such current, fluctuations in the temperature or humidity, any Unauthorized Access, or the unavailability of or interruption in any cross connection. Except as otherwise expressly provided in this SLA, any such change, interruption or unavailability shall not constitute an actual or constructive eviction, in whole or in part, or entitle Customer to any abatement or diminution of, or relieve Customer from any of its obligations under the Agreement, or impose any liability upon Element Critical or its agents, by reason of inconvenience or annoyance to or interruption of Customer’s business, or otherwise. A breach under this SLA shall not constitute a default under the Agreement. (e) Notwithstanding anything to the contrary herein, (x) if one or more Service Level failures arise out of any other Service Level failure, all such interruptions and failures shall be collectively treated as a single Service Level failure for purposes of this Agreement, and all credits shall be determined based upon the single applicable Service Level failure with the highest credit; and

Service Level Policies. (a) A violation of this SLA will not constitute a default under the MSA. In the event Element Critical does not meet the performance level in the Service Level Agreement set forth in this Attachment 1 (“Service Levels”), as Customer’s sole and exclusive remedy, and Element Critical’s sole liability for not meeting the performance objective, Element Critical shall provide the Service Level Credits in the manner specified in the SLA (“Service Level Credits”). Element Critical will process Service Level Credits for failures to satisfy a Service Level (“Events”) as set forth in the applicable SLA. Customer waives all remedies other than those expressly set forth in this SLA. (b) Once an event begins, it continues until it is resolved by Element Critical. Intermittent failures during which Service Levels may fluctuate do not give rise to multiple Service Level Credits or constitute multiple Events under section 5. For clarity, in no case can the same failure to maintain the Service Levels with the same cause constitute more than one event per 24 24-hour period. (c) If an Event has occurred which qualifies for a Service Level Credit, Customer must notify Element Critical via xxxxxxx@xxxxxxxxxxxxxxx.xxx or to Billing at the address specified herein for notice, and provide details pertaining to the Event within 30 days of the occurrence. If Customer does not notify Element Critical within the required time period, Customer forfeits any right to claim that a Service Level Credit is due. For the purpose of calculating whether a Service Level Credit may be due, and the duration of an Event, Element Critical will calculate time periods beginning from the earlier of (a) Element Critical’s actual awareness of the event; or (b) the point where Element Critical should reasonably have been aware of the event until the point where Element Critical has resolved the Event. Unless otherwise noted, the performance objective will be based on the full calendar month of Service since the last renewal period in which the Event occurs. The maximum Service Level Credits that may be earned for any calendar month shall not exceed 100% of the portion of the MRC of the affected Services stated in the Order. Any excess Service Level Credits are forfeited and shall not be carried over to future months. (d) Except as otherwise expressly provided in this SLA, Element Critical shall not in any way be liable or responsible to Customer for any loss, damage or expense which Customer may sustain or incur as a result of the unavailability of or interruption in any Service Level, the unavailability or interruption in the supply of electric current, a change in the quantity or character or nature of such current, fluctuations in the temperature or humidity, any Unauthorized Access, or the unavailability of or interruption in any cross connection. Except as otherwise expressly provided in this SLA, any such change, interruption or unavailability shall not constitute an actual or constructive eviction, in whole or in part, or entitle Customer to any abatement or diminution of, or relieve Customer from any of its obligations under the Agreement, or impose any liability upon Element Critical or its agents, by reason of inconvenience or annoyance to or interruption of Customer’s business, or otherwise. A breach under this SLA shall not constitute a default under the Agreement. (e) Notwithstanding anything to the contrary herein, (x) if one or more Service Level failures arise out of any other Service Level failure, all such interruptions and failures shall be collectively treated as a single Service Level failure for purposes of this Agreement, and all credits shall be determined based upon the single applicable Service Level failure with the highest credit; and