Common use of Service Level Failures and Remedies Clause in Contracts

Service Level Failures and Remedies. In the event of a Service Level Failure, Provider shall issue a credit to Customer in the amount of 5% of the monthly Fees for the Services due for the Service Period the Service Level Failure occurred (each a "Service Credit"), subject to the following: Provider has no obligation to issue any Service Credit unless: (i) Customer reports the Service Failure to Provider immediately on becoming aware of it; and (ii) requests such Service Credit in writing within 7 days of the Service Level Failure; and in no event will a Service Level Credit for any 12-month period exceed 25% of the total Fees that would be payable for that 12-month period if no Service Level Failure had occurred. Any Service Credit payable to Customer under this Agreement will be issued to Customer in the calendar month following the Service Period in which the Service Level Failure occurred. This Section 5.2 sets forth Provider's sole obligation and liability and Customer's sole remedy for any Service Level Failure.

Service Level Failures and Remedies. In the event of a Service Level Failure, Provider shall issue a credit to Customer in proportion to the amount duration of 5% of the monthly Fees for the Services due for the Service Period the Service Level Failure occurred Failure, (each a "“Service Credit"”), subject to the following: : (a) Provider has no obligation to issue any Service Credit unless: unless (i) Customer reports the Service Failure to Provider immediately on becoming aware of it; and (ii) requests such Service Credit in writing within 7 five (5 ) days of the Service Level Failure; and and (b) in no event will a Service Level Credit for any 12-month period Service Period exceed 25% fifty percent (50%) of the total Fees that would be payable for that 12-month period Service Period if no Service Level Failure had occurred. Any Service Credit payable to Customer under this Agreement will be issued to Customer in the calendar month following the Service Period in which the Service Level Failure occurred. This Section 5.2 sets forth Provider's ’s sole obligation and liability and Customer's ’s sole remedy for any Service Level Failure.