Common use of Limited Remedy Clause in Contracts

Limited Remedy. Subject to the exclusions set forth herein, if availability falls below the 99.5% threshold identified above, Ordering Activity shall accrue a credit of the percentage of the then current monthly service fee, in the amount described in the table below (each such credit is referred to as a “Service Credit”). Appian will issue Ordering Activity a credit (or by check/wire if credit occurs in final service month) which will be applied to the invoice in the month following the applicable event. Monthly cumulative availability less than 99.5% Service Credits (% of applicable monthly service fee) 30 minutes 5% 31 – 90 minutes 10% 91 – 150 minutes 20% 151 – 210 minutes 30% 211 – 270 minutes 55% Greater than 270 minutes 100% Ordering Activity must request Service Credits, in writing, within thirty (30) calendar days after the unavailability. Service Credits are accumulated monthly with the monthly cumulative unavailability being reset to zero minutes at the beginning of each calendar month. Service Credits represent Ordering Activity’s exclusive remedy and Appian’s sole responsibility in connection with unavailability.