Power Unavailability definition
Examples of Power Unavailability in a sentence
To determine compliance with this provision, "Power Unavailability" shall be calculated as the total number of minutes, for each calendar month, that power was unavailable to the Space.
Licensee shall provide written notice to Licensor of any incident of Power Unavailability or time spent outside the Critical Temperature Range, if applicable, that Licensee intends to accrue against the aggregate period identified in paragraph 3(d) no later than [**] days following the incident.
Notwithstanding, Licensee shall have an exclusive remedy of early Termination with no penalty if: (i) the aggregate period of Power Unavailability (as defined in the SLA) exceeds either [**] hours during any [**] or [**] hours during any [**] day rolling period.
Customer shall have the right to terminate the MSA and all related Order Forms with no further obligations should the amount of Power Unavailability: (i) total the hour equivalent of fourteen (14) days during any twelve-month period OR (ii) exist for seven (7) consecutive days during any period, for any reason in either case except a Force Majeure event as defined in Section 8.12 of the CAVALRY Managed Services Agreement.
If the Power Availability Guarantee is not met during any given calendar month, as Licensee’s sole and exclusive remedy for such failure, Licensee will be issued a credit of $[**] for each cumulative [**] period that Power Unavailability exceeds the guaranteed amount, not to exceed $[**] per month.
This credit will be limited to the services which have been affected by the Power Unavailability and will not exceed the total Monthly Charge due for the service in the month where the Power Availability SLA has not been met.
For purposes of this termination provision, only [**] of Power Unavailability to [**] in use may accrue against the above-referenced aggregate period of Power Unavailability.
Power Unavailability will be assessed by T3 for purposes of this provision only if Customer Opens a Service Ticket with T3 Customer Care within thirty (30) calendar days of the power outage.
The sole remedy for Power Unavailability will be credit as provided in Schedule 1 attached hereto.
For each cumulative day of Power Unavailability, or fraction thereof, at Customer’s request, Customer’s account shall be credited the pro-rated charges for one day of the Monthly Charge for Power with respect to which a Power Availability SLA has not been met.