Common use of Maximum Credits Clause in Contracts

Maximum Credits. The aggregate maximum Non-Utilization Credits to be issued by Company to Customer for any and all RI non-Utilization and/or SP non-Utilization that occurs in a single calendar month, shall be capped at one hundred percent (100%) of the Fees due by Customer to Company during the applicable month (the “Monthly Credits Cap“). For the avoidance of doubt, Non-Utilization Credits in excess of the Monthly Credits Cap shall not carry forward to any subsequent months. THE CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT THE RIGHT TO RECEIVE NON-UTILIZATION CREDITS CONSTITUTES CUSTOMER’S SOLE REMEDY, AND COMPANY’S SOLE LIABILITY, FOR ANY RI NON-UTILIZATION, SP NON-UTILIZATION, OVERPROVISIONING, OR DOWNTIME EVENTS.

Maximum Credits. The aggregate maximum Non-Utilization Credits to be issued by Company to Customer for any and all RI non-Utilization and/or Utilizationand/or SP non-Utilization that occurs in a single calendar month, shall be capped at one hundred percent (100%) of the Fees due by Customer to Company during the applicable month (the “Monthly Credits Cap“). For the avoidance of doubt, Non-Utilization Credits in excess of the Monthly Credits Cap shall not carry forward to any subsequent months. THE CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT AGREESTHAT THE RIGHT TO RECEIVE NON-UTILIZATION CREDITS CONSTITUTES CUSTOMER’S SOLE REMEDY, AND COMPANY’S SOLE LIABILITY, FOR ANY RI NON-UTILIZATION, SP NON-UTILIZATION, OVERPROVISIONING, OR DOWNTIME EVENTS.