Non-Performance Compensation Clause Samples
The Non-Performance Compensation clause establishes the terms under which a party is compensated if the other party fails to fulfill their contractual obligations. Typically, this clause outlines the specific conditions that constitute non-performance, the method for calculating compensation, and the process for making claims. By clearly defining the consequences of non-performance, the clause incentivizes compliance and provides a mechanism for financial redress, thereby protecting the interests of the non-breaching party.
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Non-Performance Compensation. Service Availability AT&T shall receive a credit to Licensor’s monthly Support and Maintenance invoice for shortfall in the Availability requirement per Table below.
4.3.1. Availability Credits Service Availability Monthly Invoice Credit for Availability Shortfall
Non-Performance Compensation. Supplier acknowledges that its failure to meet a Service Level shall result in non-performance compensation owed to AT&T, as set forth within the applicable Service Level Agreement. Non-performance compensation may be taken in the form of credits or payments, as specified by AT&T.
Non-Performance Compensation. Service Availability AT&T shall receive a credit to Licensor’s monthly Support and Maintenance invoice for shortfall in the Availability requirement per Table below.
4.3.1. Availability Credits Service Availability Monthly Invoice Credit for Availability Shortfall 99.90% - 100% [*****] 98.0% - 99.89% [*****] < 98.0% [*****] [*****] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 44 AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement CONFIDENTIAL TREATMENT