Common use of Service Level Availability Clause in Contracts

Service Level Availability. TRITAN shall use its best efforts to ensure that the Solutions, through the provision of Data Services, remains available ninety-eight percent (98%) of each month (“Service Level Availability”) per License for all On-Net Services within TRITAN Network. TRITAN’s sole liability, and Client’s sole remedy for TRITAN’s failure to meet the Service Level Availability, shall be limited to Client’s right to receive credit set forth in the table below. The credit specified in this table will be applied to the next scheduled Hosting and Data Management Fees reducing the amount owed for such Fees. TRITAN will not make cash refunds to Client as a result of Service Credit Availability will be measured and reported by TRITAN upon request from the Client. Measurement will be taken On-Net using a TRITAN utility that automatically retrieves and reports Software availability information available for the Client. 70-79% 30% <70% 50% For the purpose of determining Service Level Availability, the following formula will be used: Uptime Percentage = (Possible Available Uptime*) - (Hours of downtime) * 100 * Possible Available Uptime will be calculated as: number of calendar days in a month times 24 hours, minus any Excused Outage during the calendar month, and Total Hours in the Month will be determined as the number of calendar days in a month times 24 hours.