Common use of REMEDY FOR MACHINE DOWNTIME Clause in Contracts

REMEDY FOR MACHINE DOWNTIME. If any Machine acquired by ECMWF from the Contractor as a component of the System fails to achieve a percentage of Machine Availability of at least 99.99% in any calendar month, ECMWF may at its option, require the Contractor to replace such Machine at no additional cost to ECMWF, provided that the Contractor and ECMWF agree after consultation with each other that such replacement would be likely to increase the percentage of Machine Availability to at least 99.99%, and the configuration of the replacement Machine shall be the same as the one replaced, or to otherwise seek its remedies as provided under this Contract.

REMEDY FOR MACHINE DOWNTIME. If any Machine acquired by ECMWF from the Contractor as a component of the System fails to achieve a percentage of Machine Availability of at least 99.9999.9% in any calendar month, ECMWF may at its option, require the Contractor to replace such Machine at no additional cost to ECMWF, provided that the Contractor and ECMWF agree after consultation with each other that such replacement would be likely to increase the percentage of Machine Availability to at least 99.9999.9%, and the configuration of the replacement Machine shall be the same as the one replaced, or to otherwise seek its remedies as provided under this Contract.