Compensatory Purpose. The Parties intend that the Service Credits constitute compensation to Customer, and not a penalty. The Parties acknowledge and agree that Customer’s harm caused by Service Provider’s delayed delivery of the Support Services would be impossible or very difficult to accurately estimate as of the Effective Date, and that the Service Credits are a reasonable estimate of the anticipated or actual harm that might arise from Service Provider’s breach of its obligations under this SLA. Customer acknowledges and accepts that payment of the Service Credits set forth above in Section 4.1 shall constitute Service Provider’s sole liability, and Customer’s sole recourse, for any Access Disruption or other disruption or error in the Services.
Compensatory Purpose. The Parties intend that the Service Credits constitute compensation to Customer, and not a penalty. The Parties acknowledge and agree that Customer’s harm caused by Service Provider’s delayed delivery of the Support Services would be impossible or very difficult to accurately estimate as of the Effective Date, and that the Service Credits are a reasonable estimate of the anticipated or actual harm that might arise from Service Provider’s breach of its obligations under this SLA. Customer acknowledges and accepts that payment of the Service Credits set forth above in Section
Compensatory Purpose. The parties intend that the Service Credits constitute compensation to User, and not a penalty. The parties acknowledge and agree that User’s harm caused by Provider’s delayed delivery of the Support Services would be impossible or very difficult to accurately estimate as of the Effective Date, and that the Service Credits are a reasonable estimate of the anticipated or actual harm that might arise from Provider’s breach of its Service Level obligations. Provider’s payment of the Service Credits is Provider’s sole liability and entire obligation and User’s exclusive remedy for any Provider breach of Provider’s Service Level obligations.
Compensatory Purpose. The parties intend that the Liquidated Damages constitute compensation to the State, and not a penalty. The parties acknowledge and agree that the State's harm caused by Contractor's delayed delivery of the Support Services would be impossible or very difficult to accurately estimate as of the Effective Date, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from Contractor's breach of its Service Level obligations.
Compensatory Purpose. The parties intend that the Service Credits constitute compensation to You, and not a penalty. The parties acknowledge and agree that the harm caused by IPsoft’s delayed response would be impossible or very difficult to accurately estimate as of the date You placed Your Order with IPsoft, and that the Service Credits are a reasonable estimate of the anticipated or actual harm that might arise from IPsoft’s breach of its Service Level obligations. IPsoft’s issuance of the Service Credits is IPsoft’s sole liability and entire obligation and Your exclusive remedy for any IPsoft breach of IPsoft's Service Level obligations.
Compensatory Purpose. Except with respect to Third Party Claims (as set forth under Section 10.2), [***].
