Excessive Downtime. Notwithstanding the above, if Customer experiences more than three hundred sixty (360) Service Hours of either Monthly SAAS Downtime or Monthly Hosting Downtime in a Service Month, then Customer will receive an additional pro-rated credit against the Monthly Subscription Fee for the applicable Service according to the following formula: Additional Pro-Rated Credit % = (Monthly Downtime (Service Hours) – 360) / 720 Example (for illustration purposes only): Monthly Downtime = five hundred forty (540) Service Hours Additional Pro-Rated Credit % = ( 540 – 360 ) / 720 = 25% Credit equals 25% of the Monthly Subscription Fee.
Excessive Downtime a) Where a vehicle suffers unacceptable downtime over 2 hours, as per breakdown and recovery clause 4.5, resulting from a failure by the Supplier, and a replacement vehicle is required this shall be costed, on the Supplier’s prior written approval of the costs, to it. This vehicle will be supplied at normal market rates for a hired vehicle of the replacement type. This shall include all reasonable operational costs incurred by the Client to complete the daily work allocated to the vehicle and crew concerned.
Excessive Downtime. Notwithstanding anything to the contrary set forth herein, without limiting any other remedies available to Seller, including temporary or permanent releases, commencing on the first day of the In-Service Date, in the event that during any [**] Month period, the downtime period (excluding any downtime attributable to Force Majeure or emergency conditions existing on the Gathering System) for all or any portion of Gathering System when receipts of Committed Gas are curtailed in whole or part or services hereunder are curtailed during such [**] Month period is in excess of [**] percent ([**]%), then the fee(s) payable by Seller set forth on Exhibit C shall be reduced by [**]% for the [**] Month period immediately following.
Excessive Downtime. If the TOC, in evaluating a requested change, determines that (i) the time to implement such change would require [*] of Facility downtime (if the requested change would be made prior to Commercial Production) or (ii) the time to implement such change would require [*] of Facility downtime (if the requested change would be made during Commercial Production), the Party requesting such change shall have the right to either (a) withdraw the request, (b) resubmit a modified version of the requested change to the TOC for reevaluation or (c) confirm that such requested change is necessary and submit such requested change to the non-requesting Party for consideration. Notwithstanding any provision to the contrary, if the non-requesting Party is presented with a requested change in accordance with (c) above, the non-requesting Party shall, within ten (10) business days after receipt of the request, either agree to such requested change or provide notice of termination of this Agreement in accordance with Section 21.7. In the event that the requested change originated with the FDA, the terms of this Section 8.5.2 shall still apply, but in such event, either Party shall have the right to terminate this Agreement in accordance with Section 21.7.
