Service Credits. (a) If Qubit does not meet the Uptime Commitment with respect to any particular calendar quarter (i.e., the actual Uptime Percentage was below 99.0%), and Customer is negatively impacted thereby, then as Customer’s sole and exclusive remedy, and only upon Customer’s written request in accordance with this Section III, Qubit will provide to Customer a service credit (“Service Credit”) pursuant to Table 2 below: TABLE 2 Actual Uptime Percentage: Service Credit Percentage: ≥ 98.0% but < 99.0% 4% of Quarterly Fees ≥ 97.0% but < 98.0% 8% of Quarterly Fees ≥ 96.0% but < 97.0% 10% of Quarterly Fees ≥ 94.0% but < 96.0% 12% of Quarterly Fees ≥ 90.0% but < 94.0% 15% of Quarterly Fees < 90.0% 25% of Quarterly Fees
Appears in 11 contracts
Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement