Credits Against Fees Sample Clauses

Credits Against Fees. In the event Unscheduled Downtime occurs, Customer will be entitled to credits against its immediately subsequent payment obligations (as set forth in the Agreement) (“Service Credits”) according to the following table: System Availability Credit as a Percentage of Billing Less than 99.5% and equal or higher than 99.0% 3% of the amounts paid by Customer pro-rated for the applicable calendar month Less than 99.0% and equal or higher than 95.0% 5% of the amounts paid by Customer pro-rated for the applicable calendar month Less than 95.0% 7% of the amounts paid by Customer pro-rated for the applicable calendar month
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Credits Against Fees. In the event Unscheduled Downtime occurs, Customer will be entitled to credits against its subsequent payment obligations (as set forth in the Agreement) (“Service Credits”) according to the following table: Service Availability Credit as a Percentage of Monthly Billing 97.0-99.5% 20% 95.0-97.0% 25% 90.0-95.0% 35% <90% 50% Customer’s rights under this Section 4.1 are Customer’s sole and exclusive remedy with respect to any Unscheduled Downtime or any failure by Quinyx to meet the Service Standard required by Section 2.1. Customer shall not be eligible for any Service Credits if: (i) Customer has any outstanding balances due, or (b) Customer has materially breached the Agreement.
Sample 1
Credits Against Fees. In the event that System Availability is below the Service Standard in a calendar month, Customer may be entitled to a credit against its next invoice (as set forth in the Agreement) (“Service Credits”) according to the following table: Service Availability Credit as a Percentage 95.0-97.0% 7.5% of monthly fees, measured on a pro rata basis 90.0-95.0% 10% of monthly fees, measured on a pro rata basis <90% 15% of monthly fees, measured on a pro rata basis Customer’s rights under this Section 4.1 are Customer’s sole and exclusive remedy with respect to any Unscheduled Downtime or any failure by Zip to meet the Service Standard required by Section 2.1. Customer shall not be eligible for any Service Credits if: (i) Customer has any outstanding balances due, or (b) Customer has materially breached the Agreement.
Sample 1
Credits Against Fees. In the event the System Availability does not satisfy the Service Standard, then Customer will be entitled to credits against its subsequent payment obligations according to the following: For every [***]% that the System Availability is less than the Service Standard, a credit of [***]% of Customer quarterly fee will be credited to Customer account, for a maximum of [***]% of Customer quarterly fees. Customer must submit full documentation by e-mail to Regent with the credit request. Documentation must show details of proof of downtime. These can be in any manner including Pings, trace routes, and third-party outage notifications for the past 90 days. E-mails without full details are not liable for a credit. In accordance with Section 6.3 of the Agreement, Regent will not be liable for any lost revenues or other damages during down time. The Customer’s rights under this Section 7.1 are Customer’s sole and exclusive remedy with respect to any Unscheduled Downtime or any failure by Regent to meet the Service Standard. REV 110713-1 CONFIDENTIAL [***] Confidential portions of this document have been redacted and filed separately with the Commission. SOURCE CODE ESCROW ADDENDUM This SOURCE CODE ESCROW ADDENDUM (the “Addendum”) is an addendum to, and is hereby incorporated into the agreement of even date herewith entitled Master SaaS Agreement, by and between Regent Education, Inc. (“Regent”) and the Customer, including all exhibits and addenda incorporated therein (collectively, the “Agreement”).
Sample 1

Related to Credits Against Fees

  • Prohibition Against Contingent Fees As required pursuant to O.C.G.A. §50-22-6(d), the Design Professional warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for its, to solicit or secure this contract and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for its, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or the making of this Contract.

  • COVENANT AGAINST CONTINGENT FEES The contractor warrants that no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee except employees or agencies maintained by the contractor for the purpose of securing business. For the breach or violation of this warranty, the State may terminate this contract without liability or in its discretion deduct from the contract price or consideration the full amount of the commission, percentage, brokerage or contingent fee.

  • Preferential Collection of Claims Against Company The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.

  • Complaints Against Teachers When a person makes a written or verbal complaint against a teacher, the principal or designee shall promptly notify the teacher of the complaint, the identity of the complainant, and the teacher shall be given the opportunity to respond. The principal or designee shall investigate the complaint and attempt to resolve the complaint informally if appropriate.

  • Preferential Collection of Claims Against the Company The Trustee shall comply with Section 311(a) of the Trust Indenture Act, excluding any creditor relationship described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent included therein.

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