Service Level Remedies Sample Clauses

Service Level Remedies. In addition to the terms set forth in this Contract, Contractor shall use best efforts to perform the Services in accordance with the Service Level Agreements, as set forth in herein. In the event of any failure by Contractor to perform the Services in accordance with the Service Level Agreement (“SLA”), the Contract, and this Technical addendum, CTS shall have a Service Availability Credit in the amount determined pursuant to the Contract, and this Technical addendum, including the percentages stated in the “Service Level Credits” section below which CTS may apply against payment of the fees and charges payable by the CTS to Contractor in a subsequent calendar month; provided that such credit shall not exceed the amount paid or payable by CTS to Contractor during the period or periods in which the Service Level Agreements were not met. In the event that this Contract expires or terminates, Contractor shall pay an amount equal to any unused credits to CTS within thirty (30) days after such termination or expiration. The Parties acknowledge and agree that, because of the unique nature of the Services contemplated by this Contract, it is difficult or impossible to determine with precision the specific amount of damages that might be incurred by CTS or any CTS User as a result of a failure of Contractor to meet the Service Level Agreements. It is further understood and agreed by the Parties that CTS shall be damaged by such failure of Contractor to meet the Service Level Agreements, and that any credits that become payable in the nature of Service Credits are not penalties, are fair and reasonable under the circumstances, and that such payments represent a reasonable estimate of fair compensation. Service Level Credits shall be applied to the account within two billing cycles from which the month that the Outage or excessive Schedule Maintenance event(s) occurred. Award of the credit in no way relieves the Contractor of responsibility to correct any Outage event condition(s) and does not constitute an exclusive remedy for such Outage condition(s). Service Level Credits shall constitute the sole remedy for CTS with respect to Contractor’s failure to meet Performance Minimums so long as the Performance Minimums are not Chronic. If the Service falls below this expectation, then CTS may pursue any and all legal remedies. CTS’ retains the right to terminate this Contract in accordance with its terms, whether pursuant to failure to perform in accordance with the Se...
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Service Level Remedies. In the event that such Products and Services fail to meet the Service Level Standards, Service Provider shall provide Company with the non-exclusive remedy set forth on the applicable Schedule within thirty (30) days after the end of the month in which the failure occurred.
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Service Level Remedies. In the event Vendor fails to meet the required levels of Availability in any given calendar month, Company shall automatically receive a cash rebate equal to the corresponding percentage noted above (each, a “Service Credit”) to be paid within thirty (30) days. The Parties may mutually agree to apply such accrued Service Credits to a future purchase or amount owing, however, Company is under no obligation to do so. These Service Credits represent negotiated amounts on the basis of reduced performance of service levels and shall not be deemed or construed as a measure of damages. Any Service Credits shall be made without limitation of any of Company's other rights and remedies pursuant to the Agreement. Company shall have the right to terminate the Agreement for Vendor’s material breach in the event of Service Credits for any two (2) months in a twelve (12) month period.
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Service Level Remedies. In the event Vendor fails to meet the required levels of Availability in any given calendar month, Customer will provide Vendor written notice of the unavailability within five business days of such unavailability. Customer must provide Vendor all reasonable details regarding the unavailability, including, but not limited to, a detailed description of the unavailability, the duration of the unavailability, the URL(s) affected, any attempts made by Customer to resolve the unavailability, and any other information requested by Vendor. If, after receiving notice and the information required, Vendor determines that it did not meet the Availability requirements under this SLA, then Customer shall receive a non-refundable service credit equal to the corresponding percentage noted in the table below (each, a “Service Credit”) to be paid within thirty (30) days. Service Credits (i) do not apply to other amounts Customer may owe Vendor, (ii) apply to outstanding or future invoices only, (iii) are forfeit upon termination of the Agreement, (iv) are capped at an annual aggregate basis of one month’s fees for any unavailability claims that accrue in any particular Annual Period (as defined below), and (v) require the Customer to have paid any outstanding invoices. Vendor is not required to issue refunds or make payments against Service Credits under any circumstances, including without limitation upon termination of the Agreement. Service Credits provide Customer's sole and exclusive remedy for Vendor's failure to meet the SLA. As used herein, “Annual Period” means each successive 12-month period during the term of the SLA, with the first Annual Period commencing on the effective date of services and ending 12 months thereafter. 99.0% - <100% 10% of monthly fee 95% - < 99.0% 25% of monthly fee <95% 50% of monthly fee
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Service Level Remedies. SAVVIS recognizes that Xxxxx is paying SAVVIS to deliver the Services at specified Service Levels. If SAVVIS fails to meet any Service Level(s), then Xxxxx shall be entitled to the credits and other remedies set forth in the SOW (the “Service Level Remedies”). SAVVIS acknowledges and agrees that such Service Level Remedies shall not be deemed a penalty.
Sample 1
Service Level Remedies. The SLA states Customer’s sole and exclusive remedy for any failure by Google to meet the SLA, If Google fails to comply with the SLA, Customer will only be eligible to receive those remedies set out under the Google TOS and Customer will request such remedy directly from XXXX. If Google does not maintain product availability as specified within the applicable SLA, Customer will only be eligible to receive those remedies specified under the Google TOS and must request such remedies directly from XXXX. After verifying the applicability of any such remedy, XXXX will provide the applicable SLA remedy in accordance with the applicable SLA.
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Related to Service Level Remedies

  • Additional Remedies Upon the occurrence and during the continuation of an Event of Default, Secured Party shall have the right and power to: (a) instruct Grantor, at its own expense, to notify any parties obligated on any of the Collateral, including any Account Grantors, to make payment directly to Secured Party of any amounts due or to become due thereunder, or Secured Party may directly notify such obligors of the security interest of Secured Party, and/or of the assignment to Secured Party of the Collateral and direct such obligors to make payment to Secured Party of any amounts due or to become due with respect thereto, and thereafter, collect any such amounts due on the Collateral directly from such Persons obligated thereon; (b) enforce collection of any of the Collateral, including any Accounts, by suit or otherwise, or make any compromise or settlement with respect to any of the Collateral, or surrender, release or exchange all or any part thereof, or compromise, extend or renew for any period (whether or not longer than the original period) any indebtedness thereunder; (c) take possession or control of any proceeds and products of any of the Collateral, including the proceeds of insurance thereon; (d) extend, renew or modify for one or more periods (whether or not longer than the original period) the Obligations or any obligation of any nature of any other obligor with respect to the Obligations; (e) grant releases, compromises or indulgences with respect to the Obligations, any extension or renewal of any of the Obligations, any security therefor, or to any other obligor with respect to the Obligations; (f) transfer the whole or any part of Capital Securities which may constitute Collateral into the name of Secured Party or Secured Party's nominee without disclosing, if Secured Party so desires, that such Capital Securities so transferred are subject to the security interest of Secured Party, and any corporation, association, or any of the managers or trustees of any trust issuing any of such Capital Securities, or any transfer agent, shall not be bound to inquire, in the event that Secured Party or such nominee makes any further transfer of such Capital Securities, or any portion thereof, as to whether Secured Party or such nominee has the right to make such further transfer, and shall not be liable for transferring the same; (g) vote the Collateral; (h) make an election with respect to the Collateral under Section 1111 of the Bankruptcy Code or take action under Section 364 or any other section of Bankruptcy Code; provided, however, that any such action of Secured Party as set forth herein shall not, in any manner whatsoever, impair or affect the liability of Grantor hereunder, nor prejudice, waive, nor be construed to impair, affect, prejudice or waive Secured Party's rights and remedies at law, in equity or by statute, nor release, discharge, nor be construed to release or discharge, Grantor, any guarantor or other Person liable to Secured Party for the Obligations; and (i) at any time, and from time to time, accept additions to, releases, reductions, exchanges or substitution of the Collateral, without in any way altering, impairing, diminishing or affecting the provisions of this Security Agreement, the Loan Documents, or any of the other Obligations, or Secured Party's rights hereunder, under the Obligations. Grantor hereby ratifies and confirms whatever Secured Party may do with respect to the Collateral and agrees that Secured Party shall not be liable for any error of judgment or mistakes of fact or law with respect to actions taken in connection with the Collateral other than as a result of intentional misconduct or gross negligence.

  • General Remedies Upon the occurrence of an Event of Default and during the continuation thereof, the Administrative Agent and the holders of the Secured Obligations shall have, in addition to the rights and remedies provided herein, in the Loan Documents, in any other documents relating to the Secured Obligations, or by law (including, without limitation, levy of attachment and garnishment), the rights and remedies of a secured party under the UCC of the jurisdiction applicable to the affected Collateral and, further, the Administrative Agent may, with or without judicial process or the aid and assistance of others (to the extent permitted under applicable law), (i) subject to the rights of tenants in possession, enter on any premises on which any of the Collateral may be located and, without resistance or interference by the Grantors, take possession of the Collateral, (ii) dispose of any Collateral on any such premises, (iii) require the Grantors to assemble and make available to the Administrative Agent at the expense of the Grantors any Collateral at any place and time designated by the Administrative Agent that is reasonably convenient to both parties, (iv) remove any Collateral from any such premises for the purpose of effecting sale or other disposition thereof, and/or (v) except as provided below in the case of notice required by law, without demand and without advertisement, notice or hearing, all of which each of the Grantors hereby waives to the fullest extent permitted by law, at any place and time or times, sell and deliver any or all Collateral held by or for it at public or private sale, by one or more contracts, in one or more parcels, for cash, upon credit or otherwise, at such prices and upon such terms as the Administrative Agent deems advisable, in its sole discretion (subject to any and all mandatory legal requirements). Each of the Grantors acknowledges that any private sale referenced above may be at prices and on terms less favorable to the seller than the prices and terms that might have been obtained at a public sale and agrees (to the extent permitted by applicable law) that such private sale shall be deemed to have been made in a commercially reasonable manner. Neither the Administrative Agent’s compliance with applicable law nor its disclaimer of warranties relating to the Collateral shall be considered to adversely affect the commercial reasonableness of any sale. In addition to all other sums due the Administrative Agent and the holders of the Secured Obligations with respect to the Secured Obligations, the Grantors shall pay the Administrative Agent and each of the holders of the Secured Obligations all reasonable documented costs and expenses actually incurred by the Administrative Agent or any such holder of the Secured Obligations, including, but not limited to, reasonable attorneys’ fees and court costs, in obtaining or liquidating the Collateral, in enforcing payment of the Secured Obligations, or in the prosecution or defense of any action or proceeding by or against the Administrative Agent or the holders of the Secured Obligations or the Grantors concerning any matter arising out of or connected with this Security Agreement, any Collateral or the Secured Obligations, including, without limitation, any of the foregoing arising in, arising under or related to a case under the Bankruptcy Code. To the extent the rights of notice cannot be legally waived hereunder, each Grantor agrees that any requirement of reasonable notice shall be met if such notice is personally served on or mailed, postage prepaid, to the Borrower in accordance with the notice provisions of Section 11.02 of the Credit Agreement at least ten Business Days before the time of sale or other event giving rise to the requirement of such notice. The Administrative Agent and the holders of the Secured Obligations shall not be obligated to make any sale or other disposition of the Collateral regardless of notice having been given. To the extent permitted by applicable law, any holder of the Secured Obligations may be a purchaser at any such sale. To the extent permitted by applicable law, each of the Grantors hereby waives all of its rights of redemption with respect to any such sale. Subject to the provisions of applicable law, the Administrative Agent and the holders of the Secured Obligations may postpone or cause the postponement of the sale of all or any portion of the Collateral by announcement at the time and place of such sale, and such sale may, without further notice, to the extent permitted by applicable law, be made at the time and place to which the sale was postponed, or the Administrative Agent and the holders of the Secured Obligations may further postpone such sale by announcement made at such time and place.

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