Service Level Credits Sample Clauses

Service Level Credits. If Verint does not meet the Uptime Percentage levels specified below, Customer will be entitled, upon written request, to a service level credit (“Service Level Credit”) to be calculated, with respect to the applicable Hosted Environment, as follows: • If Uptime Percentage is at least 99.95% of the month’s minutes, no Service Level Credits are provided; or • If Uptime Percentage is 99.75% to 99.94% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is 99.50% to 99.74% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 7.5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is less than 99.50% of the month’s minutes, Customer will be eligible for a credit of 10.0% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint. Customer shall only be eligible to request Service Level Credits if Customer notifies Verint in writing within thirty (30) days from the end of the month for which Service Level Credits are due. All claims will be verified against Verint’s system records. In the event after such notification Verint determines that Service Level Credits are not due, or that different Service Level Credits are due, Verint shall notify Customer in writing on that finding. With respect to any Services Level credits due under Orders placed directly by Customer on Verint, Service Level Credits will be applied to the next invoice following Customer’s request and Verint’s confirmation of available credits; with respect to any Service Level Credits due for SaaS Services under Orders placed on Verint by a Verint authorized reseller on Customer’s behalf, Service Level Credits will be issued by such reseller following Customer’s request and Verint’s confirmation of available credits and such Services Level Credits may only be used by Customer with respect to subsequent purchases of Verint offerings through that reseller. Service Level Credits shall be Customer’s sole and exclusive remedy in the event of any failure to meet the Service Levels. Verint will only provide records of system availability in response to Customer’s good faith claims.
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Service Level Credits. If vendor fails to provide the Services in accordance with the applicable Service Levels for any reason, except for Force Majeure Events (as defined in the Agreement), vendor will incur Service level Credits identified in and according to the schedule set forth in Attachment E-1 and/or Attachment E-2, provided that Vendor may earn back such Service level credits as provided under the provisions of Attachment E-1 and/or Attachment E-1, as the case may be. The Service Level credits will not limit Prudential's right to recover, in accordance with the terms of this Engagement Schedule, any other damages to which it may be entitled with respect to such failure to provide the Services in accordance with the Service Levels.
Service Level Credits. Upon the occurrence of any Service Level Failure, Company shall pay to Saint Luke’s the credits specified in Schedule 1 attached hereto (each a “Service Level Credit”). Under no circumstances shall the imposition of Service Level Credits be construed as Saint Luke’s sole or exclusive remedy for any failure to meet the Service Levels. Company acknowledges and agrees that the Service Level Credits shall not be deemed or construed to be liquidated damages. In cases where the Service Level Credits are expressed as a percentage, the percentage represents a percentage of the monthly fees due hereunder. Company acknowledges and agrees that any Service Level Credits assessed pursuant to this Exhibit D shall be payable to Saint Luke’s upon demand and may, at Saint Luke’s option, be set off against any monies due to Company under this Agreement and are reasonable under the circumstances existing as of the date this Agreement is entered into.
Service Level Credits. Upon the occurrence of any Service Level Failure, Vendor shall issue to the State of Iowa a credit in the amount set forth in Section 5 (Service Levels) (“Service Level Credit”). If more than one (1) Service Level Failure has occurred in a single month, the sum of the corresponding Service Level Credits shall be credited to the State of Iowa. In no event will the aggregate of all Service Level Credits arising as a result of failures by Vendor to perform its Support Services obligations in any month exceed 25% of the amount of the Support Services fees otherwise payable for the most recent three (3) month period except for instances of Service Level Credits associated failures on “Critical” and “High” Resolution Time service levels which will not exceed 100% of the amount of the said Support Services fees. Vendor shall notify the State of Iowa in writing if the State of Iowa becomes entitled to a Service Level Credit, which notice shall be included in the monthly performance reports as described in this Exhibit. The total amount of Service Level Credits that Vendor will be obligated to pay to the State of Iowa, with respect to Service Level Failure(s) occurring each month shall be reflected on the invoice issued in the second month following the month during which the Service Level Failure(s) giving rise to such Service Level Credit(s) occurred. Notwithstanding the foregoing, the calculation of such Service Level Credit(s) shall be based on the credit amounts in effect, and the Support Services fees for, the month during which the Service Level Failure occurred. For example, the amount of Service Level Credits payable with respect to Service Level Failures occurring in August shall be set forth in the invoice issued in October, but shall be calculated using August data. In the event the State of Iowa prepays for any Services more than one month in advance, Vendor will issue refunds or credits to the State of Iowa at the State’s sole discretion, within __ days of the end of the month in which the Service Level Failure occurred.
Service Level Credits. Service Provider recognizes that DIR is paying Service Provider to deliver the Services at specified Service Levels. If Service Provider fails to meet such Service Levels, then, in addition to other remedies available to DIR, Service Provider shall pay or credit to DIR the Service Level Credits specified in Exhibit 3 in recognition of the diminished value of the Services resulting from Service Provider's failure to meet the agreed upon level of performance, and not as a penalty. Under no circumstances shall the imposition of Service Level Credits be construed as DIR's sole or exclusive remedy for any failure to meet the Service Levels. However, if DIR recovers monetary damages from Service Provider as a result of Service Provider's failure to meet a Service Level, Service Provider shall be entitled to set-off against such damages any Service Level Credits paid for the failure giving rise to such recovery, as reduced by any applicable earnback pursuant to Exhibit 3. Service Level Credits are not counted toward and are not subject to the overall cap on Service Provider's liability.
Service Level Credits. Successful Respondent recognizes that DIR is paying Successful Respondent to deliver the Services at specified Service Levels. If Successful Respondent fails to meet such Service Levels, then, in addition to other remedies available to DIR, Successful Respondent shall pay or credit to DIR the Service Level Credits specified in Exhibit 3.0 Performance Model in recognition of the diminished value of the Services resulting from Successful Respondent’s failure to meet the agreed upon level of performance, and not as a penalty. Under no circumstances shall the imposition of Service Level Credits be construed as DIR's sole or exclusive remedy for any failure to meet the Service Levels Service Level Credits are not counted toward and are not subject to the overall cap on Successful Respondent’s liability.
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Service Level Credits. If the Quivers Services does not meet the Scheduled Uptime levels set forth above, Client will be entitled, upon written request, to a Service Level Credit to be calculated as follows: o If Scheduled Uptime is at least 99.5% of the month’s minutes, no Service Level Credit is awarded. o If Scheduled Uptime is 99.49% or below of the month’s minutes, Customer will be eligible for a credit of a pro-rated amount of the monthly subscription fee paid to Quivers. Service Level Credits shall be Clients sole and exclusive remedy in the event of any failure to meet the Service Levels. Service Level Credits will be applied to the next invoice following Client’s request and Quivers’ confirmation that credits are applicable. Exhibit B
Service Level Credits. If the Auth0 Platform fails to meet the Availability Service Level %, Customer will be eligible to request a credit, calculated as follows (the “Service Level Credits”):
Service Level Credits. In the event of a Service Level Default, Gap shall receive credits in the amounts set forth in Exhibit B.1 (Service Level Matrix) as to the applicable Critical Service Level.
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