Commitment Levels Sample Clauses
Commitment Levels. 3.3.1 At all times during the Term, Parent agrees that it will provide and make available, and Customer agrees that it shall purchase pursuant to one or more effective Purchase Orders, [***] GPU Hours per month (the “Fixed Monthly Commitment”).
3.3.2 During each Term Year, Customer agrees that it shall purchase pursuant to one or more effective Purchase Orders, GPU Services for an aggregate purchase price in an amount that is equal to the Annual Minimum Amount; provided, that Customer has the option (but not the obligation), in its sole discretion, to submit Purchase Orders for and, if accepted by Parent, purchase GPU Services pursuant to the terms of this Agreement for an aggregate purchase price in excess of the Annual Minimum Amount. The aggregate purchase price paid by Customer for purchases of the Fixed Monthly Commitment pursuant to Section 3.3.1 shall be included in the Annual Minimum Amount and credited toward the satisfaction of Customer’s obligation to purchase the Annual Minimum Amount pursuant to this Section 3.3.
Commitment Levels. Provided no Event of Default has occurred and is continuing, Licensor shall provide or cause an independent contractor to provide on behalf of Licensor, at Licensor’s expense, except as otherwise set forth herein, the following, in accordance with the commitment levels described in the Basic License Terms (the “Commitment Levels”), as applicable:
Commitment Levels. Licensor shall use commercially reasonable efforts to provide or cause an independent contractor to provide on behalf of Licensor, at Licensor’s expense, except as otherwise set forth herein, the following, in accordance with the commitment levels described in the Basic License Terms, as applicable.
Commitment Levels. Subscriber's initial commitment level shall be 50 terminals. On or before April 1, 1997 Subscriber may elect to increase its commitment level with a corresponding change in the Subscription Fees, which shall then remain in effect for the duration of the Term.
Commitment Levels. C3 represents and warrants that it will provide the C3 Hub in a manner consistent with best industry standards and practices reasonably applicable to the provision thereof and that the C3 Hub will perform substantially in accordance with the Documentation under normal use and circumstances. However, the specifics of C3’s commitment level applicable to a Customer will vary depending on the C3 Service Program selected by the Customer and specified in its applicable C3 Hub Order Form. Please refer to Schedule A of this Agreement for detailed specifics respectively applicable to each C3 Service Program namely the applicable guaranteed Monthly Uptime Percentage, Credit Multiplier, Maximum Credit Amount, Number of provided Test Environments, Preview Time Window, No Forced Upgrade Period and Customer Maintenance Window. Detailed hereafter are C3’s minimum commitment levels, also referred to as the C3 Bronze Service Program. The C3 Bronze Service Program will apply to a Customer unless specifically stated otherwise in the applicable C3 Hub Order Form. Please note that a Bronze Customer does not have access to a test environment, thus, no possible Preview Time Window, no guaranteed No Forced Upgrade Period and cannot benefit from a personalized Customer Maintenance Window. C3 will use commercially reasonable efforts to make the C3 Hub available with the applicable guaranteed Monthly Uptime Percentage (defined below) of at least 99% during each calendar month. In the event the C3 Hub does not meet such commitment, the Customer will receive a credit pursuant to the terms and conditions described hereafter. The Monthly Uptime Percentage shall be calculated by subtracting from 100% the percentage of Applicable Downtime for the relevant calendar month period. Ex: 100% - Applicable Downtime = Monthly Uptime Percentage Applicable calendar month period The Applicable Downtime shall be the sum of any period of unavailability, suspension or termination of C3 Hub, or any other C3 Hub performance issues experienced by the Customer during the relevant calendar month, with the exceptions of downtime resulting from or caused by:
i. C3 scheduled monthly routine C3 infrastructure maintenance and applicable Customer environments outages which take place on the first Sunday of each calendar month between 20:00 and 22:00 Eastern Standard Time and/or Eastern Daylight Saving Time;
ii. Any other Customer pre-approved maintenance outages;
iii. Factors outside of C3’s reasonable control, i...