Company Services Availability Clause Samples

Company Services Availability. Company will provide a 99% up time for all Services, excluding only mutually-agreed scheduled maintenance time and any Outage due solely to failure of the T-Mobile Network (“Company Service Threshold”). Compliance with the Company Service Threshold and calculation of Outages (as defined below) will be measured on a calendar month basis. The Company Service Threshold percentage will be calculated by dividing the total number of minutes in which there were Outages during an applicable month (excluding only mutually agreed scheduled maintenance time) by the total number of actual minutes of Scheduled Availability (as defined below) in such month (also excluding mutually agreed scheduled maintenance time), and then subtracting the resulting number from 1 and multiplying that amount by 100; i.e., a calculation using the following formula: 1- (total Outage minutes in a month/total minutes in said month less scheduled maintenance times) x 100.