Licensor’s Rights and Obligations Regarding Services Clause Samples

Licensor’s Rights and Obligations Regarding Services. 4.2.1 During the License Term, Licensor shall take commercially reasonable efforts to provide the Services to the Premises to permit Licensee to use the Equipment to mine the Digital Assets to the extent power is available. During the License Term, Licensor use its commercially reasonable efforts to provide the Services with an average Uptime of at least 95.0% during each rolling 365- day period in the License Term (such Uptime percentage, the “Uptime Service Level”); provided, however, that any calculation of Uptime Service Level shall not commence until the Facility achieves full electrical capacity (40 MW). “Uptime” means for a period of determination, the number of hours the full Reserved Power is available to Licensee divided by the total number of hours in such period. “Downtime” means any period during which the full Reserved Power is not available to Licensee. For avoidance of doubt, any interruption caused by the power provider shall not be deemed a default by Licensor of its obligations hereunder.