Earn Back. For any given Service Level Credit credited to Authority for a Service Level Failure, Contractor shall accrue an earn back equal to fifty percent (50%) of such Service Level Credit (each an “Earn Back”) if (a) the applicable Service Level is met or exceeded for at least six (6) consecutive calendar months after the month in which the applicable Service Level Failure.
Earn Back. SANDAG may return a portion of collected damages or reduce the amount of the Service Level Credit Pool, as an incentive payment to Contractor in the event Contractor is able to achieve the agreed upon Service Level for two consecutive Service Periods following the effective date of the Service Level Agreement. This section does not obligate SANDAG to return damages or reduce the pool.
Earn Back. The Authority may consider allowing the Contractor the right to earn back service credits if they achieve or exceed Service Levels over a given period following an under-performance. Section C Pro – Forma / Example Schedule [Guidance: subject to the agreement of this schedule, the following definition(s) will need to be added to schedule 1]
Earn Back. If in any month Benaissance pays Service Level Credits for any failure to meet any Hosting Service Levels (but not any month in which it pays any Egregious Violation Service Level Credits) (such Service Level Credits are the “Earn Back Credits”), and for the next three (3) months Benaissance does not owe any Service Level Credits, then Benaissance will be credited with the Earn Back Credits to offset against any future Service Level Credits for that category (but not Egregious Service Level Credits). For clarity, the Earn Back Credits will not be paid in cash, and if this Statement of Work terminates with Benaissance having a balance in Earn Back Credits, such Earn Back Credits will expire and have no force or effect.
Earn Back. ◼ For the six consecutive months after the month in which the fee reduction was incurred, if the Vendor exceeds the missed critical service-level requirement each measurement period by the midpoint between the performance target and perfection during the measurement period, an earn back, in the form of a one-time only fee increase that is equal to 100% of the assessed fee reduction, will be paid in the next scheduled payment. For example, if the Vendor missed a critical SLR with a performance target of 95%, the next six (6) months performance would have to be at or above 97.5% for the earn back criteria to be met (97.5% being the midpoint between the current target of 95% and 100% (perfection)). ◼ If during the earn back period the critical SLR was not met and a fee reduction assessed, the earn back opportunity for the original SLR failure is no longer available and the earn back time frame is reset.
Earn Back. The duration of time for the Service Provider to recoup (or delay the refunding to the Customer) service credits by performing at or above the defined Service Level Target (SLT).
Earn Back. If Xxxxx Systems credits Newco with a Service Level Credit and, in each of the next three (3) consecutive months, Xxxxx Systems exceeds the Service Level for the applicable Service, the Service Level Credit will be earned-back.
Earn Back. If the Regulatory Escrow Account is released and paid to the Purchaser Indemnified Parties, then the following provisions shall apply:
Earn Back. On the Calculation Date, the number of Underlying Shares held by the Fund (and, if this Warrant has been exercised in whole or in part by the Fund, the number of Shares obtained by the Fund upon exercise of this Warrant) shall be reduced by a number of Shares (the "Earn-Back Shares") determined on the basis of the Fund's IRR, as set forth below. At or prior to the Calculation Date, the Company shall notify the Fund of the Company's calculation of the number of Earn-Back Shares, and the Fund shall provide the Company with any information reasonably requested by the Company in connection with such calculation. If the Fund disagrees with the Company's calculation of the number of Earn-Back Shares, the Fund shall so notify the Company in writing within 10 days of receiving the Company's calculation, and, if the Fund and the Company do not agree on such calculation, then the Fund and the Company shall promptly appoint a mutually acceptable qualified independent accountant to determine the number of Earn-Back Shares. If such parties shall be unable to agree on such an accountant within 20 days of the receipt by the Fund of the Company's calculation, the number of Earn-Back Shares shall be determined by a panel of three independent accountants, one of whom shall be selected in good faith by the Company, another of whom shall be selected in good faith by the Fund, and the third of whom shall be selected by such other two accountants or, if such accountants shall be unable to agree upon a third accountant within 10 days of the selection date of the second of such two accountant, by the American Arbitration Association; provided, that if either party fails to select its accountant within 10 days after the expiration of the time period for selecting a single accountant, then the number of Earn-Back Shares shall be determined solely by the accountant selected by the other party. The accountant or accountants appointed pursuant to the foregoing procedure shall be instructed to determine the number of Earn-Back Shares within 30 days after the final appointment of all accountants, and such determination shall be final and binding upon the parties. If three accountants shall be appointed, then (a) if the median of the determinations of the accountants is an amount that is equal the mean of such determinations, then such mean shall constitute the determination of the accountants, and otherwise (b) the determination of the accountant that shall differ most from the other tw...
