Service Availability Credit Calculation; Limits on Service Availability Credit; Sole and Exclusive Remedy Sample Clauses

Service Availability Credit Calculation; Limits on Service Availability Credit; Sole and Exclusive Remedy. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Company will issue a credit in accordance with the following schedule: Service Availability Amount of the credit as a percentage of monthly fee for affected Cloud Voice Service 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit. Limit may not exceed 50% of the monthly fees charged for use of the affected Cloud Voice Service during the month for which the Service Availability Credit is to be issued. The total Service Availability Credit due to You for any Cloud Voice Services affected may not exceed fifty percent (50%) of the monthly fees charged for use of the affected Cloud Voice Service during the month for which the Service Availability Credit is to be issued, unless the amount to be credited is less than one dollar ($1.00), in which case the credit amount will be one dollar ($1.00). Only one (1) Service Availability Credit is available in any given calendar month. Credits are applicable only toward use of the affected Cloud Voice Service and are not convertible into cash or any type of refund. Notwithstanding anything set forth in the MSA or this SLA, the Service Availability Credit described in this Section 4 of this SLA will be Your sole and exclusive remedy in connection with any loss of Service Availability as described in such section or breach by Company of the MSA or this SLA.
Sample 1Sample 2Sample 3See All (12)
AutoNDA by SimpleDocs
Service Availability Credit Calculation; Limits on Service Availability Credit; Sole and Exclusive Remedy. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, NEC will issue a credit in accordance with the following schedule: Service Availability Amount of the credit as a percentage of monthly fee for affected Contact Center Service 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit. Limit may not exceed 50% of the monthly fees charged for use of the affected Contact Center Service during the month for which the Service Availability Credit is to be issued. The total Service Availability Credit due to You for any Contact Center Services affected may not exceed fifty percent (50%) of the monthly fees charged for use of the affected Contact Center Service during the month for which the Service Availability Credit is to be issued, unless the amount to be credited is less than one dollar ($1.00), in which case the credit amount will be one dollar ($1.00). Only one (1) Service Availability Credit is available in any given calendar month. Credits are applicable only toward use of the affected Contact Center Service and are not convertible into cash or any type of refund. Notwithstanding anything set forth in the MSA or this SLA, the Service Availability Credit described in this Section 4 of this SLA will be Your sole and exclusive remedy in connection with any loss of Service Availability as described in such section or breach by NEC of this SLA.
Sample 1See All (4)
Service Availability Credit Calculation; Limits on Service Availability Credit; Sole and Exclusive Remedy. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Voice Telco Services will issue a credit in accordance with the following schedule: Service Availability Amount of the credit as a percentage of monthly fee for affected Cloud Voice Service 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit. Limit may not exceed 50% of the monthly fees charged for use of the affected Cloud Voice Service during the month for which the Service Availability Credit is to be issued. The total Service Availability Credit due to You for any Cloud Voice Services affected may not exceed fifty percent (50%) of the monthly fees charged for use of the affected Cloud Voice Service during the month for which the Service Availability Credit is to be issued, unless the amount to be credited is less than one Pound Sterling (£1.00), in which case the credit amount will be one Pound Sterling (£1.00). Only one (1) Service Availability Credit is available in any given calendar month. Credits are applicable only toward use of the affected Cloud Voice Service and are not convertible into cash or any type of refund. Notwithstanding anything set forth in the MSA or this SLA, the Service Availability Credit described in this Section 4 of this SLA will be Your sole and exclusive remedy in connection with any loss of Service Availability as described in such section or breach by Voice Telco Services of the MSA or this SLA.
Sample 1

Related to Service Availability Credit Calculation; Limits on Service Availability Credit; Sole and Exclusive Remedy

  • Non-Availability of Funds Every payment obligation of the State under this Charter is conditioned upon the availability of funds continuing to be appropriated or allocated for the payment of such obligations. If funds are not allocated and available for the continuance of this Charter, the Commission may terminate this Charter at the end of the period for which funds are available. No liability shall accrue to the Commission, nor the State, or any of its subdivisions, departments or divisions, in the event this provision is exercised, and neither the Commission nor the State shall be obligated or liable for any future payments or for any damages as a result of termination under this paragraph.

  • 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.

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

  • DNS service availability Refers to the ability of the group of listed-­‐as-­‐authoritative name servers of a particular domain name (e.g., a TLD), to answer DNS queries from DNS probes. For the service to be considered available at a particular moment, at least, two of the delegated name servers registered in the DNS must have successful results from “DNS tests” to each of their public-­‐DNS registered “IP addresses” to which the name server resolves. If 51% or more of the DNS testing probes see the service as unavailable during a given time, the DNS service will be considered unavailable.

  • Termination or Reduction of Revolving Credit Commitments The Borrower shall have the right, upon not less than three Business Days’ notice to the Administrative Agent (which shall promptly notify each Lender thereof), to terminate the Revolving Credit Commitments or, from time to time, to reduce the amount of the Revolving Credit Commitments; provided that no such termination or reduction of Revolving Credit Commitments shall be permitted if, after giving effect thereto and to any prepayments of the Revolving Credit Loans made on the effective date thereof, the Total Revolving Extensions of Credit would exceed the Total Revolving Credit Commitments. Any such reduction shall be in an amount equal to $1,000,000, or a whole multiple thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.

  • General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.

  • Provisions Related to Extended Revolving Credit Commitments If the maturity date in respect of any tranche of Revolving Credit Commitments occurs prior to the expiration of any Letter of Credit, then (i) if one or more other tranches of Revolving Credit Commitments in respect of which the maturity date shall not have occurred are then in effect, such Letters of Credit shall automatically be deemed to have been issued (including for purposes of the obligations of the Revolving Credit Lenders to purchase participations therein and to make Revolving Credit Loans and payments in respect thereof pursuant to Section 2.03(d)) under (and ratably participated in by Lenders pursuant to) the Revolving Credit Commitments in respect of such non-terminating tranches up to an aggregate amount not to exceed the aggregate principal amount of the unutilized Revolving Credit Commitments thereunder at such time (it being understood that no partial face amount of any Letter of Credit may be so reallocated) and (ii) to the extent not reallocated pursuant to immediately preceding clause (i), the Borrower shall Cash Collateralize any such Letter of Credit in accordance with Section 2.17. If, for any reason, such Cash Collateral is not provided or the reallocation does not occur, the Revolving Credit Lenders under the maturing tranche shall continue to be responsible for their participating interests in the Letters of Credit. Except to the extent of reallocations of participations pursuant to clause (i) of the second preceding sentence, the occurrence of a maturity date with respect to a given tranche of Revolving Credit Commitments shall have no effect upon (and shall not diminish) the percentage participations of the Revolving Credit Lenders in any Letter of Credit issued before such maturity date. Commencing with the maturity date of any tranche of Revolving Credit Commitments, the sublimit for Letters of Credit shall be agreed with the Lenders under the extended tranches.

  • Service Level Commitment IBM provides the following service level commitment (“SLA”) for the Cloud Service, after IBM makes the Cloud Service available to you.

  • Laws Affecting LIBOR Rate Availability If, after the date hereof, the introduction of, or any change in, any Applicable Law or any change in the interpretation or administration thereof by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by any of the Lenders (or any of their respective Lending Offices) with any request or directive (whether or not having the force of law) of any such Governmental Authority, central bank or comparable agency, shall make it unlawful or impossible for any of the Lenders (or any of their respective Lending Offices) to honor its obligations hereunder to make or maintain any LIBOR Rate Loan, such Lender shall promptly give notice thereof to the Administrative Agent and the Administrative Agent shall promptly give notice to the Borrower and the other Lenders. Thereafter, until the Administrative Agent notifies the Borrower that such circumstances no longer exist, (i) the obligations of the Lenders to make LIBOR Rate Loans and the right of the Borrower to convert any Loan or continue any Loan as a LIBOR Rate Loan shall be suspended and thereafter the Borrower may select only Base Rate Loans hereunder, and (ii) if any of the Lenders may not lawfully continue to maintain a LIBOR Rate Loan to the end of the then current Interest Period applicable thereto as a LIBOR Rate Loan, the applicable LIBOR Rate Loan shall immediately be converted to a Base Rate Loan for the remainder of such Interest Period.

Time is Money Join Law Insider Premium to draft better contracts faster.