Common use of Service Credits Clause in Contracts

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