Service Availability/Service Level Credit. If Pegasus is unable to achieve a level of (***) Availability of the Reservation Function during each calendar month as a percentage of all time during such calendar month, Pegasus shall, as Customer’s sole and exclusive remedy for such violation, pay to Customer in the following calendar month a fee calculated in accordance with the following table: In the event Customer owes Pegasus any amounts under this Agreement, Pegasus will offset/credit the Service Level Fees specified above payable by Pegasus against any such amounts owed to Pegasus by Customer.
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Service Availability/Service Level Credit. If Pegasus is unable to achieve a level of (***) 99.8% Availability of the Reservation Function during each calendar month as a percentage of all time during such calendar month, Pegasus shall, as Customer’s sole and exclusive remedy for such violation, pay to Customer in the following calendar month a fee calculated in accordance with the following table: Availability of the Reservation Function During Each Calendar Month Service Level Fee Payable by Pegasus to Customer (Effective Date through August 31, 2005) Service Level Fee Payable by Pegasus to Customer (September 1, 2005 onward) In the event Customer owes Pegasus any amounts under this Agreement, Pegasus will offset/credit the Service Level Fees specified above payable by Pegasus against any such amounts owed to Pegasus by Customer.
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