Common use of Service Outage Credit Clause in Contracts

Service Outage Credit. With respect to a Service Outage, the Service Outage Credit shall be equal to an amount equal to (a) the Recurring Charge applicable to the affected Service during the calendar quarter in which the Service Outage occurred multiplied by (b) the number of hours or fractions thereof that the Service Outage occurred during the applicable period divided by 2160 hours. Service Outage Credits are calculated after deduction of all discounts and other special pricing arrangements, and are not applied to government fees, taxes, surcharges and similar additional charges, nor are credits available for any usage-based Services. BUYER’S RIGHT TO RECEIVE SUCH SERVICE OUTAGE CREDIT SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND THE SELLER’S SOLE AND EXCLUSIVE OBLIGATION IN THE EVENT OF A SERVICE OUTAGE OR FOR ANY OTHER CLAIM THAT SELLER FAILED TO MEET ITS OBLIGATION IN THE PROVIDING OF THE SERVICE.

Appears in 3 contracts

Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement

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Service Outage Credit. With respect to a Service Outage, the Service Outage Credit shall be equal to an amount equal to (a) the Recurring Charge applicable to the affected Service during the calendar quarter in which the Service Outage occurred multiplied by (b) the number of hours or fractions thereof that the Service Outage occurred during the applicable period divided by 2160 hours. Service Outage Credits are calculated after deduction of all discounts and other special pricing arrangements, and are not applied to government fees, taxes, surcharges and similar additional charges, nor are credits available for any usage-usage based Services. BUYER’S RIGHT TO RECEIVE SUCH SERVICE OUTAGE CREDIT SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND THE SELLER’S SOLE AND EXCLUSIVE OBLIGATION IN THE EVENT OF A SERVICE OUTAGE OR FOR ANY OTHER CLAIM THAT SELLER FAILED TO MEET ITS OBLIGATION IN THE PROVIDING OF THE SERVICE.

Appears in 3 contracts

Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement

Service Outage Credit. With respect to a Service Outage, the Service Outage Credit shall be equal to an amount equal to (a) the Recurring Charge applicable to the affected Service during the calendar quarter in which the Service Outage occurred multiplied by (b) the number of hours or fractions thereof that the Service Outage occurred during the applicable period divided by 2160 hours. Service Outage Credits are calculated after deduction of all discounts and other special pricing arrangements, and are not applied to government fees, taxes, surcharges and similar additional charges, nor are credits available for any usage-usage based Services. BUYER’S RIGHT TO RECEIVE SUCH SERVICE OUTAGE CREDIT SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND THE SELLER’S SOLE AND EXCLUSIVE OBLIGATION IN THE EVENT OF A SERVICE OUTAGE OR FOR ANY OTHER CLAIM THAT SELLER FAILED TO MEET ITS OBLIGATION IN THE PROVIDING OF THE SERVICE.

Appears in 3 contracts

Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement

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Service Outage Credit. With respect to a any Service OutageOutages in excess of the Availability Factors, the Service Outage Credit shall be equal to an amount equal to (a) the Recurring Charge applicable to the affected Service during the calendar quarter in which the Service Outage occurred multiplied by (b) the number of hours or fractions thereof that the Service Outage occurred during the applicable period divided by 2160 hours. Service Outage Credits are calculated after deduction of all discounts and other special pricing arrangements, and are not applied to government governmental fees, taxes, surcharges and similar additional charges, nor are credits available for any usage-usage based Services. BUYER’S 'S RIGHT TO RECEIVE SUCH SERVICE OUTAGE CREDIT SHALL BE THE BUYER’S 'S SOLE AND EXCLUSIVE REMEDY AND THE SELLER’S 'S SOLE AND EXCLUSIVE OBLIGATION IN THE EVENT OF A SERVICE OUTAGE OR FOR ANY OTHER CLAIM THAT SELLER FAILED TO MEET ITS OBLIGATION OBLIGATIONS IN THE PROVIDING OF THE SERVICE.

Appears in 1 contract

Samples: Master Service Agreement

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