SERVICE GUARANTY. If the Contractor fails to perform the services described within five (5) business days of its receipt of a written demand from the Customer, Customer may terminate agree- ment with the payment of all monies due through the termination date. CHANGES & COST INCREASES: Because fuel and material costs are a significant portion of the cost of Contractor’s services provided hereunder, Contractor may increase the Schedule of Charges propor- tionately to reflect any increase in such costs. The Schedule of Charges may also be adjusted from time to time to reflect increases in the Consumer Price Index. Subject to Customer’s approval, the Schedule of Charges may be adjusted for reasons other than increases in fuel or material costs. Those changes in the Schedule of Charges requir- ing Customer approval, and changes to the frequency of cleaning services, type of equipment used may be agreed to verbally, in writing or by the actions and practices of the parties. This Agreement shall not be affected by any changes in the Customer’s Service Address if such new address is located within the Contractor’s service area. CHARGES & PAYMENT: Customer shall pay the Contractor every four weeks for the service provided by the Contractor in accordance with the Schedule of Charges shown on the reverse side of this Agreement. Payment shall be made by Customer within thirty (30) days after receipt of an invoice from the Contractor. In the event that any payment is not made when due, Contractor at its sole option may at any time terminate the Agreement on notice to the Customer and recover any equipment on the premises of the Customer. Contrac- tor may impose, and Customer agrees to pay a late fee for all past due payments not to exceed the maximum rate allowed by applicable law. First term invoice is non- refundable and non-adjustable. Subsequent invoices may be prorated to day of cancellation per Customer’s request with a valid confirmation number as long as request is made within 30 days of cancellation. DRIVEWAYS & PARKING AREAS: Customer warrants that any right of way provided by the Customer from Customer’s equipment locations to the most convenient public way is sufficient to bear the weight of all of the Contractor’s equipment and vehicles reasonably required to perform the service herein contracted. Contractor shall not be responsible for damage to any pri- vate pavement or accompanying sub-surface of any route reasonably necessary to perform the service herein contracted.
SERVICE GUARANTY. If the company fails to perform the services described within 5 business days of its receipt of a written demand from the customer, customer may terminate agreement with the payment of all monies due through the termination date.
SERVICE GUARANTY. If Multex fails to provide the Services for more than two (2) consecutive hours during any business day during the hours of 7 a.m. to 7 p.m. then for each hour over said two hours during said day that such failure occurs, Company shall be entitled to a credit against the next Fees due and owing equal to the total monthly Fees multiplied by a fraction, the numerator of which is the number of hours after the initial two hours and the denominator is 264 (Computed on the basis of 22 business days a month with a 12 hour business day from 7 a.m. to 7 p.m.). Company may request a Service up-time report based on Company's or Multex's knowledge of service down time. MULTEX SYSTEMS INC. Name: X. Xxxxxxxxx Name: Xxxxxx X. Xxxxxx --------------------------- ---------------------------- Title: CFO Title: Vice President --------------------------- ---------------------------- Signature: /s/ Xxxxxx Xxxxxxxxx Signature: /s/ Xxxxxx X. Xxxxxx --------------------------- ---------------------------- Date: 11/30/98 Date: 11/24/98 --------------------------- ---------------------------- Fee Exhibit Services Cost
SERVICE GUARANTY. Terminal Company will continue to perform or provide the same or substantially similar level, volume, content, and quality of Services that Xxxx performed for or provided for Customer in the six (6) month period immediately preceding the Effective Date. At a minimum, this includes, each of the following:
SERVICE GUARANTY. Customer may terminate this Agreement at any time for material deficiencies in service if, after notifying Aramark in writing of the nature of the service deficiencies, Aramark has not corrected the deficiencies within forty-five days.
