Common use of Service Level Remedies Clause in Contracts

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 Service Level Agreements or otherwise.

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 WaTech 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 WaTech may apply against payment of the fees and charges payable by the CTS WaTech to Contractor in a subsequent calendar month; provided that such credit shall not exceed the amount paid or payable by CTS WaTech 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 WaTech 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 WaTech or any CTS WaTech 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 WaTech 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 WaTech 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 WaTech may pursue any and all legal remedies. CTS’ WaTech’s retains the right to terminate this Contract in accordance with its terms, whether pursuant to failure to perform in accordance with the Service Level Agreements or otherwise.