Common use of Compensatory Purpose Clause in Contracts

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.

Appears in 4 contracts

Samples: Master Services Agreement, Master Services Agreement Terms and Conditions, Master Services Agreement Terms And

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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 's harm caused by Service Provider’s '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.

Appears in 2 contracts

Samples: Master Services Agreement Terms and Conditions, Master Services Agreement Terms and Conditions

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 's harm caused by Service Provider’s '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 '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 3.1 shall constitute Service Provider’s sole liability, and Customer’s sole recourse, for any Access Disruption or other disruption or error in the Services.

Appears in 2 contracts

Samples: Master Services Agreement Terms and Conditions, Master Services Agreement Terms and Conditions

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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 S ection 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.

Appears in 1 contract

Samples: Master Services Agreement

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