CPU Usage Sample Clauses
The CPU Usage clause defines the rules and limitations regarding how much central processing unit (CPU) resources a user or application may consume under an agreement. Typically, this clause sets thresholds or quotas for CPU usage, and may outline actions to be taken if those limits are exceeded, such as throttling performance, issuing warnings, or imposing additional charges. Its core practical function is to ensure fair and efficient allocation of computing resources, preventing any single user or process from monopolizing system capacity and potentially degrading service for others.
CPU Usage. Customer agrees that Customer shall not use excessive amounts of CPU processing on any of Company’s servers. The maximum number of files is 75,000 per account. Any violation of this policy may result in corrective action by Company, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Company’s sole and absolute discretion. If Company takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
CPU Usage a) Client’s monthly CPU usage against the Regular File shall be counted first towards Client’s monthly CPU usage allowance and Client shall pay a Regular File Excess Usage Fee as set forth in Section 6.1.5 for any CPU usage against the Regular File which results in CPU usage in excess of the allowable amount.
b) Client’s monthly CPU usage against the Month-end File shall be counted after Client’s monthly Regular File CPU usage in calculating Client’s total CPU usage against both files for purposes of determining if Client’s total monthly CPU usage has exceeded the allowable amount. Client shall pay a Month-end File Excess Usage Fee as set forth in Section 6.1.5 for any CPU usage against the Month-end File which when combined with Client’s CPU usage against the Regular File, results in total CPU usage in excess of the allowable amount.
c) CPU usage allowances are subject to adjustment by Fidelity from time to time based upon improvements in CPU performance in order to maintain the same relative CPU usage allowance. For example, if Fidelity upgrades the CPU or otherwise improves the CPU processing speed, then the CPU usage allowance described herein may be proportionately adjusted downward to reflect such
CPU Usage. Customer agrees that Customer shall not use excessive amounts of CPU processing on any of DMXHOSTING's servers. Any violation of this policy may result in corrective action by DMXHOSTING, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in DMXHOSTING's sole and absolute discretion. If DMXHOSTING takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
CPU Usage. The only compensation, costs, expenses and disbursements to be charged by Service Provider to Client for the CPU Usage provided hereunder shall be Client's Pro Rata Share (hereinafter defined) of all Operating Expenses (hereinafter defined) actually incurred by Service Provider during the calendar month for which payment is being sought. For the purposes hereof, "Client's Pro Rata Share" shall be a fraction, the numerator of which shall be the actual, aggregate amount of CPU computer time used by Client during the applicable calendar month, and the denominator of which shall be the actual, aggregate amount of CPU computer time used by all clients (including Client) of Service Provider using the CPU during the applicable calendar month. CPU computer time is the actual time that a computer spends running programs, and not the amount of time that a user is logged in at a terminal. With each monthly invoice, Service Provider shall include an itemized list of all of Service Provider's clients and, upon request by Client, the actual amount of CPU computer time used by each of such clients during the applicable calendar month. For the purposes hereof, the term "
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CPU Usage. The only compensation, costs, expenses and disbursements to be charged by Service Provider to the Business Manager for the CPU Usage provided hereunder shall be the Business Manager’s Pro Rata Share (hereinafter defined) of all Operating Expenses (hereinafter defined) actually incurred by Service Provider during the calendar month for which payment is being sought. For the purposes hereof, the “Business Manager’s Pro Rata Share” shall be a fraction, the numerator of which shall be the actual, aggregate amount of CPU computer time used by the Business Manager during the applicable calendar month, and the denominator of which shall be the actual, aggregate amount of CPU computer time used by all clients (including the Business Manager) of Service Provider using the CPU during the applicable calendar month. CPU computer time is the actual time that a computer spends running programs, and not the amount of time that a user is logged in at a terminal. With each monthly invoice, Service Provider shall include an itemized list of all of Service Provider’s clients and, upon request by the Business Manager, the actual amount of CPU computer time used by each of the clients during the applicable calendar month. For the purposes hereof, the term “Operating Expenses” shall mean the positive difference between (i) any and all actual, out-of-pocket costs and expenses incurred by Service Provider during the applicable calendar month in connection with the performance and rendering of services that are the same as or substantially similar to the Services to all of Service Provider’s clients (including the Business Manager) that use the CPU (which costs and expenses may include, without limitation or duplication: (1) the salaries, employee benefits and bonuses of its employees; (2) copy costs; (3) administrative overhead; (4) rent for office space; and (5) costs of materials and supplies) and (ii) the amount of Direct Charges payable by the Business Manager pursuant to Section 2(a) above for the applicable calendar month.