Reduced Resource Usage Clause Samples

Reduced Resource Usage. Except as set forth in Section 9.3.a above and in accordance with Section 8.0 above, if Certegy elects to exercise its option of setting an Actual Baseline to a new reduced Resource Unit quantity level, IBM shall, upon written notice equal to the notification period set forth in the Supplement for that Actual Baseline Resource Unit, set the Actual Baseline(s) to the new Resource Unit quantity level and reduce the Monthly Charge, per the example set forth below, prorated to the month the adjustment is made. The Monthly Charge for each month remaining in the term of the Transaction Document or the period specified in the Certegy request will be reduced by the Applicable Unit Rate multiplied by the difference between the number of Resource Units in the current Actual Baseline and the number of Resource Units in the new reduced Adjusted Actual Baseline. NEW MONTHLY CHARGE = MONTHLY CHARGE - {(ACTUAL BASELINE - ADJUSTED ACTUAL BASELINE) X APPLICABLE UNIT RATE} For example, if the Monthly Charge is $500,000.00, the monthly DASD Actual Baseline is 71 gigabytes, the Applicable Unit Rate is $500.00 per gigabyte, and Certegy wishes to decrease the Actual Baseline by 10 gigabytes, then the new Monthly Charge will be: New Monthly Charge = $500,000.00 - {(71 gigabytes - 61 gigabytes) x $500.00} New Monthly Charge = $500,000.00 (10 gigabytes x $500.00) New Monthly Charge = $500,000.00 - $5,000.00 New Monthly Charge = $495,000.00 Per the above example, the Monthly Charge would be decreased by $5,000.00 for the shorter of the remaining months in that Contract Year or the period specified in the Certegy request, and the monthly DASD Actual Baselines would be decreased by 10 gigabytes for the same period. Further, the Actual Baselines, Annual Services Charges and Monthly Charges would be adjusted accordingly for each remaining month of the term of the Transaction Document or the period specified in the Certegy request by subtracting 10 gigabytes from the then current DASD Actual Baselines and multiplying the decrease in the Actual Baselines quantity by the Applicable Unit Rate(s) for each remaining month of the term of the Transaction Document or the period specified in the Certegy request to determine the decreased Monthly Charges. The Actual Baselines and ASC in the Supplement will be updated by IBM to reflect such Changes, and the revised Supplement would be distributed to the Parties.
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Related to Reduced Resource Usage

  • System Availability Although we will try to provide continuous access to the Service, we cannot and do not guarantee that the Service will be available 100% of the time and will not be liable in the event Service is unavailable. Actual service or network performance is dependent on a variety of factors outside of our control. If you notify us within twenty-four (24) hours and we confirm an outage consisting of a period of two (2) hours in any calendar month, and not due to any service, act, or omission of you, a third party, your applications, equipment or facilities, or reasons outside of our control, you shall be eligible for a service credit. A service credit shall be computed as a pro-rated charge for one day of the regular monthly fees for the Service in the next monthly statement. Intermittent service outages for periods of less than two (2) hours are not considered service outages. Outages caused by routine scheduled maintenance are also not considered an outage. You shall receive advance notice no less than forty-eight (48) hours in advance of our scheduled maintenance. Scheduled maintenance will be performed between 12:00 a.m. and 6:00 a.m. CST.

  • Line Outage Costs Notwithstanding anything in the ISO OATT to the contrary, the Connecting Transmission Owner may propose to recover line outage costs associated with the installation of Connecting Transmission Owner’s Attachment Facilities or System Upgrade Facilities or System Deliverability Upgrades on a case-by-case basis.

  • EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.

  • Maximum Charges In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under law, such excess amount shall be first applied to any unpaid principal balance owed by Borrowers, and if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.

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