Common use of Service Provider Obligations Clause in Contracts

Service Provider Obligations. Subject to the terms and conditions of this Agreement (including Customer's payment obligations), Service Provider shall use commercially reasonable efforts to: 2.1 on or promptly following the Scheduled Start Date (as set forth on the Cover Page), assign the Mining Power to the Third Party Mining Operator for the purpose of generating Digital Assets and seek to reasonably minimize material interruptions in the Mining Power (the "Services"); provided, however, that if Service Provider fails to provide an Uptime of 98% or better, the Performance Fee shall be reduced as described in Section 6. 2.2 prepare reports, on a daily basis (the "Audit Period"), regarding Generated Digital Assets and related Costs during the Audit Period, and to provide Customer with access to a copy of such reports, upon Customer's request. Customer may request one additional audit per month at the Customer's own cost (an "Additional Audit") of Service Provider to determine whether all fees and costs charged to Customer under this Agreement were calculated in accordance with this Agreement. If an Additional Audit reveals that Service Provider has undercharged Customer, than Customer shall pay the difference between the charged amount and the actual amount. Conversely, if an Additional Audit reveals that Service Provider has overcharged Customer, then Service Provider shall pay Customer the difference between the charged amount and the actual amount. Customer agrees that Service Provider may use its affiliates and any third-party contractors, vendors and/or service providers to provide the Services (in whole or in part). 2.3 Customer agrees that Service Provider may use its affiliates and any third-party contractors, vendors and/or service providers to provide the Services (in whole or in part) but in no event shall the Customer's Mining Equipment be installed in any facility other than the Service Provider's or Service Provider's affiliates facilities.

Service Provider Obligations. Subject to the terms and conditions of this Agreement (including Customer's ’s payment obligations), Service Provider shall use commercially reasonable efforts to: 2.1 on or promptly following the Scheduled Start Date (as set forth on the Cover Page), assign the Mining Power to the Third Party Mining Operator for the purpose of generating Digital Assets and seek to reasonably minimize material interruptions in the Mining Power (the "“Services"”); provided, however, that if Service Provider fails to provide an Uptime of 98[***]% or better, the Performance Fee shall be reduced as described in Section 6. 2.2 prepare reports, on a daily basis (the "“Audit Period"”), regarding Generated Digital Assets and related Costs during the Audit Period, and to provide Customer with access to a copy of such reports, upon Customer's ’s request. Customer may request one additional audit per month at the Customer's ’s own cost (an "“Additional Audit"”) of Service Provider to determine whether all fees and costs charged to Customer under this Agreement were calculated in accordance with this Agreement. 2.3 to determine whether all fees and costs charged to Customer under this Agreement were calculated in accordance with this Agreement. If an Additional Audit that audit reveals that Service Provider has undercharged Customer, than Customer shall pay the difference between the charged amount and the actual amount. Conversely, if an Additional Audit reveals that Service Provider has overcharged Customer, then Service Provider shall pay Customer the difference between the charged amount and the actual amount. Customer agrees that Service Provider may use its affiliates and any third-party contractors, vendors and/or service providers to provide the Services (in whole or in part). 2.3 2.4 Customer agrees that Service Provider may use its affiliates and any third-party contractors, vendors and/or service providers to provide the Services (in whole or in part) but in no event shall the Customer's ’s Mining Equipment be installed in any facility other than the Service Provider's ’s or Service Provider's ’s affiliates facilities.

Service Provider Obligations. Subject to the terms and conditions of this Agreement (including Customer's ’s payment obligations), Service Provider shall use commercially reasonable efforts to: 2.1 on or promptly following the Scheduled Start Date (as set forth on the Cover Page), assign the Mining Power to the Third Party Mining Operator for the purpose of generating Digital Assets and seek to reasonably minimize material interruptions in the Mining Power (the "“Services"”); provided, however, that if Service Provider fails to provide an Uptime of 98% or better[*****], the Performance Fee shall be reduced as described in Section 6. 2.2 prepare reports, on a daily basis (the "“Audit Period"”), regarding Generated Digital Assets and related Costs during the Audit Period, and to provide Customer with access to a copy of such reports, upon Customer's ’s request. Customer may request one additional audit per month at the Customer's ’s own cost (an "“Additional Audit"”) of Service Provider to determine whether all fees and costs charged to Customer under this Agreement were calculated in accordance with this Agreement. If an Additional Audit reveals that Service Provider has undercharged Customer, than Customer shall pay the difference between the charged amount and the actual amount. Conversely, if an Additional Audit reveals that Service Provider has overcharged Customer, then Service Provider shall pay Customer the difference between the charged amount and the actual amount. Customer agrees that Service Provider may use its affiliates and any third-party contractors, vendors and/or service providers to provide the Services (in whole or in part). 2.3 Customer agrees that Service Provider may use its affiliates and any third-party contractors, vendors and/or service providers to provide the Services (in whole or in part) but provided, however, that: (a) anyone other Service Provider must meet the same terms and conditions herein, (b) must provide sources of energy/power (i.e. nuclear, solar, coal, etc.) in substantially similar ratios and amounts as Service Provider, and (c) Service Provider gets prior written consent from Customer for the same, which shall not be unreasonably withheld. In n no event shall the Customer's ’s Mining Equipment be installed in any facility other than the Service Provider's ’s or Service Provider's ’s affiliates facilities.

Service Provider Obligations. Subject to the terms and conditions of this Agreement (including Customer's ’s payment obligations), Service Provider shall use commercially reasonable efforts to: 2.1 on or promptly following the Scheduled Start Date (as set forth on the Cover Page), assign the Mining Power to the Third Party Mining Operator for the purpose of generating Digital Assets and seek to reasonably minimize material interruptions in the Mining Power (the "“Services"”); provided, however, that if Service Provider fails to provide an Uptime of 98% [****] or better, the Performance Fee shall be reduced as described in Section 6. 2.2 cause the Third Party Mining Operator to promptly transfer the Digital Asset Customer Allocation to the Customer Wallet at the end of each Payout Period, as applicable; 2.3 prepare reports, on a daily basis (the "“Audit Period"”), regarding Generated Digital Assets and related Costs during the Audit Period, and to provide Customer with access to a copy of such reports, upon Customer's ’s request. Customer may request one additional audit per month at the Customer's ’s own cost (an "“Additional Audit"”) of Service Provider to determine whether all fees and costs charged to Customer under this Agreement were calculated in accordance with this Agreement. If an Additional Audit reveals that Service Provider has undercharged Customer, than then Customer shall pay the difference between the charged amount and the actual amount. Conversely, if an Additional Audit reveals that Service Provider has overcharged Customer, then Service Provider shall pay Customer the difference between the charged amount and the actual amount. Customer agrees that Service Provider may use its affiliates and any third-party contractors, vendors and/or service providers to provide the Services (in whole or in part). 2.3 Customer agrees that Service Provider may use its affiliates and any third-party contractors, vendors and/or service providers to provide the Services (in whole or in part) but in no event shall the Customer's Mining Equipment be installed in any facility other than the Service Provider's or Service Provider's affiliates facilities.

Service Provider Obligations. Subject to the terms and conditions of this Agreement (including Customer's ’s payment obligations), Service Provider shall use commercially reasonable efforts to: 2.1 on or promptly following the Scheduled Start Date (as set forth on the Cover Page), assign the Mining Power to the Third Party Mining Operator for the purpose of generating Digital Assets and seek to reasonably minimize material interruptions in the Mining Power (the "“Services"”); provided, however, that if Service Provider fails to provide an Uptime of 98[***]% or better, the Performance Fee shall be reduced as described in Section 6. 2.2 prepare reports, on a daily basis (the "“Audit Period"”), regarding Generated Digital Assets and related Costs during the Audit Period, and to provide Customer with access to a copy of such reports, upon Customer's ’s request. Customer may request one additional audit per month at the Customer's ’s own cost (an "“Additional Audit"” ) of Service Provider to determine whether all fees and costs charged to Customer under this Agreement were calculated in accordance with this Agreement. 2.3 to determine whether all fees and costs charged to Customer under this Agreement were calculated in accordance with this Agreement. If an Additional Audit that audit reveals that Service Provider has undercharged Customer, than Customer shall pay the difference between the charged amount and the actual amount. Conversely, if an Additional Audit reveals that Service Provider has overcharged Customer, then Service Provider shall pay Customer the difference between the charged amount and the actual amount. Customer agrees that Service Provider may use its affiliates and any third-party contractors, vendors and/or service providers to provide the Services (in whole or in part). 2.3 2.4 Customer agrees that Service Provider may use its affiliates and any third-party contractors, vendors and/or service providers to provide the Services (in whole or in part) but in no event shall the Customer's ’s Mining Equipment be installed in any facility other than the Service Provider's ’s or Service Provider's ’s affiliates facilities.