Common use of Minimum Service Level Clause in Contracts

Minimum Service Level. Except in the event of Maintenance, Client Equipment failure, Repair Work, and force majeure, each month, Host shall provide the Services to Client ninety percent (90%) of the time (“Uptime”) during any thirty (30) day period (“Minimum Service Level”). The Client should negotiate with the Host and reach a mutual agreement if the Minimum Service Level is below the reasonable expectation. The Customer agrees to consume the electricity as much the total theoretical electricity consumption of the equipment included in the Exhibit A to this agreement as possible and rack high performance machines at the Site. Host will charge the service fee according to actual consumption if the monthly electricity consumption is less than 80% in the event of Maintenance, Repair Work, electricity/network breakdown and force majeure. If there is evidence suggesting Client deliberately rack low quality machines or shut down machines without notice to Host or reasonable ground, Client shall pay the service fee according to the minimum requirement of 80% of total theoretical equipment electricity. To avoid different interpretation, the first month to apply this 80% shall count from the moment all the machines included in Exhibit A connect to the network and electricity at the site. To be specific, if the machines connect to the network and electricity at June 20, 20221, the consumption ratio shall be calculated as: actual consumption between June 20 and June 30 divided by theoretical consumption after deducting aforementioned underperformance of Host and etc.

Minimum Service Level. Except in the event of Maintenance, Client Equipment failure, Repair Work, and force majeure, each month, Host shall provide the Services to Client ninety percent (90%) of the time (“Uptime”) during any thirty (30) day period (“Minimum Service Level”). The Client should negotiate with the Host and reach a mutual agreement if the Minimum Service Level is below the reasonable expectation. The Customer agrees to consume the electricity as much the total theoretical electricity consumption of the equipment included in the Exhibit A to this agreement as possible and rack high performance machines at the Site. Host will charge the service fee according to actual consumption if the monthly electricity consumption is less than 80% in the event of Maintenance, Repair Work, electricity/network breakdown and force majeure. If there is evidence suggesting Client deliberately rack low quality machines or shut down machines without notice to Host or reasonable ground, Client shall pay the service fee according to the minimum requirement of 80% of total theoretical equipment electricity. To avoid different interpretation, the first month to apply this 80% shall count from the moment all the machines included in Exhibit A connect to the network and electricity at the site. To be specific, if the machines connect to the network and electricity at June July 20, 20221, the consumption ratio shall be calculated as: actual consumption between June July 20 and June July 30 divided by theoretical consumption after deducting aforementioned underperformance of Host and etc.