Common use of Uptime Availability Clause in Contracts

Uptime Availability. The Hosted Services shall be available twenty four (24) hours per day, 365 days per year, with an availability (including uptime availability) of at least 99.9% as measured on a monthly basis. In addition to its other remedies, in the event that the Hosted Services fail to meet an availability of 99.9% in any calendar month, the JBE will be entitled to a service credit equal to five percent of the monthly Hosted Services fee for each 30 minutes of unavailability below 100% in that month. All daily service credits accrued during a month will be aggregated to produce a total credit due for that month. Contractor will provide a report to the JBE by the tenth day of each calendar month detailing the percentage availability of the Hosted Services for the previous month. The report will be in a format, and contain such information, as may be reasonably be required by the JBE. If the Hosted Services monthly availability averages less than 100% for three (3) or more months in a rolling twelve-month period, the JBE may terminate in whole or in part the Statement of Work or the Agreement for material breach. The service level credits and termination rights in this paragraph are in addition to the JBE’s other remedies under the Agreement.

Uptime Availability. The Hosted Services shall be available twenty four (24) hours per day, 365 days per year, with an availability (including uptime availability) of at least 99.9% as measured on a monthly basis. In addition to its other remedies, in the event that the Hosted Services fail to meet an availability of 99.9% in any calendar month, the JBE Court will be entitled to a service credit equal to five percent of the monthly Hosted Services fee for each 30 minutes of unavailability below 100% in that month. All daily service credits accrued during a month will be aggregated to produce a total credit due for that month. Contractor will provide a report to the JBE Court by the tenth day of each calendar month detailing the percentage availability of the Hosted Services for the previous month. The report will be in a format, and contain such information, as may be reasonably be required by the JBE. If the Hosted Services monthly availability averages less than 100% for three (3) or more months in a rolling twelve-month period, the JBE Court may terminate in whole or in part the Statement of Work or the Agreement for material breach. The service level credits and termination rights in this paragraph are in addition to the JBE’s other remedies under the Agreement.