Common use of Service Level Credits Clause in Contracts

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, 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 the Agreement is entered into.