Common use of Uptime Availability Clause in Contracts

Uptime Availability. If EFI fails to achieve the availability percentage for two (2) consecutive calendar months, then, as the customer’s sole remedy for such failure, the customer will be granted Service Credits. Service Credits are calculated as a percentage of the total charges paid by the customer to EFI in the region affected by unavaila- bility in accordance with the schedule below. Monthly Uptime Percentage Service Credit Percentage Less than 99.7% but equal to or greater than 99.0% 10% Less than 99.0% 30% In the event that the customer elects to terminate this agreement for failure to achieve the Availability Percentage for six (6) consecutive calendar months within the notice period given below, then no refunds shall be issued with respect to such affected months. EFI will apply Service Credits only against future payments due from the Company. Service Credits will not entitle the customer to a refund or other payment from EFI. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the EFI Agreement, the customer’s sole remedy for any unavailability, non-performance, or other failure by EFI to provide Uptime is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.