Common use of Service Level Defaults Clause in Contracts

Service Level Defaults. Credits. Provider recognizes that a Service Level Default may have a material adverse impact on the business and operations of Company and that the damage from such Service Level Default is not susceptible to precise determination. Accordingly, if Provider fails to meet any Service Level for reasons other than a Force Majeure Event, then, Company may as an exclusive remedy recover a corresponding Service Level credit in the amount of 5% for the 1st month’s failure; 10% if two (2) consecutive months or two (2) out of any three (3) contiguous months; 15% for more than three (3) consecutive month’s failure to achieve the SLA performance metrics. If provider fails to meet and Service Level for four consecutive months, Company shall have the right to terminate the agreement and receive a pro-rata refund of any pre-paid fees. The SLA credits are calculated as a % of the Monthly Charge owed by Company for the month during which the Service Level Default occurs. Where Prevalent fails to attain the 99.8% service level, rather than the Service Credit set forth above Subscriber may elect to demand a pro-rata refund based upon the number of days outside of the Service the 99.8% service level and the refund will be determined on a pro rata basis using the annual Service Subscription fee stated in the Prevalent sales Quote. The refund will be paid at the end of the calendar quarter; this represents Prevalent’s sole liability for that Service level breach and Subscriber’s sole remedy. 5.1 SERVICE LEVELS I. SERVICE LEVEL: SYSTEM AVAILABILITY.

Service Level Defaults. Credits. Provider recognizes that a Service Level Default may have a material adverse impact on the business and operations of Company and that the damage from such Service Level Default is not susceptible to precise determination. Accordingly, if Provider fails to meet any Service Level for reasons other than a Force Majeure Event, then, Company may as an exclusive remedy recover a corresponding Service Level credit in the amount of 5% for the 1st month’s failure; 10% if two (2) consecutive months or two (2) out of any three (3) contiguous months; 15% for more than three (3) consecutive month’s failure to achieve the SLA performance metrics. If provider fails to meet and Service Level for four consecutive months, Company shall have the right to terminate the agreement and receive a pro-rata refund of any pre-paid fees. .The SLA credits are calculated as a % of the Monthly Charge owed by Company for the month during which the Service Level Default occurs. Where Prevalent fails to attain the 99.8% service level, rather than the Service Credit set forth above Subscriber may elect to demand a pro-rata refund based upon the number of days outside of the Service the 99.8% service level and the refund will be determined on a pro rata basis using the annual Service Subscription fee stated in the Prevalent sales Quote. The refund will be paid at the end of the calendar quarter; this represents Prevalent’s sole liability for that Service level breach and Subscriber’s sole remedy. 5.1 SERVICE LEVELS I. SERVICE LEVEL: SYSTEM AVAILABILITY.