Common use of Service Level Adjustments Clause in Contracts

Service Level Adjustments. Adjustments to fees set forth herein may be made under the following circumstances: 1. If ▇▇▇▇▇ Fargo fails to either (i) provide Cash for any particular Covered Machine pursuant to Section II.A (unless otherwise excused pursuant to the terms of this Agreement), or (ii) provide Cash as required in Section II.B. above, then ▇▇▇▇▇ Fargo shall either pay those additional expenses to Client which have been incurred by Client related solely to the failure on the part of ▇▇▇▇▇ Fargo to deliver Cash to the Armored Carrier, or credit such amounts to Client against the above referenced billing statement, at the election of ▇▇▇▇▇ Fargo. 2. If at any time during the term of this Agreement, the number of Covered Machines is less than 920 and the average outstanding daily balance of Cash is less than $225 million during any 90 consecutive day period (the “Baseline”), ▇▇▇▇▇ Fargo shall be entitled to adjust the fees provided for hereunder so that its expected fees, yields and returns are at least equal to those that would have been achieved had the Baseline been maintained.

Appears in 3 contracts

Sources: Contract Cash Solutions Agreement (Everi Holdings Inc.), Contract Cash Solutions Agreement (Global Cash Access Holdings, Inc.), Contract Cash Solutions Agreement (Global Cash Access Holdings, Inc.)