Service Levels, Sole Remedy Clause Samples

The 'Service Levels, Sole Remedy' clause defines the specific remedies available to a customer if a service provider fails to meet agreed-upon performance standards. Typically, this clause outlines that the customer's only recourse for service level failures is the receipt of service credits or similar compensation, rather than pursuing additional damages or termination rights. By limiting the remedies to those expressly stated, this clause provides certainty for both parties and helps the service provider manage its risk exposure in the event of service shortfalls.
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Service Levels, Sole Remedy. BlueCat will make the Cloud Service available to Customer in accordance with the applicable Service Level Schedule. BlueCat’s obligations in the Service Level Schedule do not apply to the extent: (a) Customer’s system does not meet the minimum requirements listed in the Documentation to support the applicable BlueCat Offering; (b) Customer has breached or continues to breach this Agreement; and/or (c) the Service Availability (as defined in the Service Level Schedule) is impacted by Customer’s failure to incorporate or utilize any recommendations or data produced by the applicable BlueCat Offering (e.g. security recommendations emanating from the applicable BlueCat Offering). The remedies listed in the Service Level Schedule are Customer’s sole remedy and BlueCat’s sole obligation for any failure of the Cloud Service.
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Service Levels, Sole Remedy. BlueCat will make the Cloud Service and the cloud service portions of the DNS Flex Service, in each case as ordered by Customer, available to Customer in accordance with the applicable Service Level Schedule. BlueCat’s obligations in the Service Level Schedule do not apply to the extent: (a) Customer’s system does not meet the minimum requirements listed in the Documentation to support the applicable BlueCat Offering; (b) Customer has breached or continues to breach this Agreement; and (c) the Service Availability (as defined in the Service Level Schedule) is impacted by Customer’s failure to incorporate or utilize any recommendations or data produced by the applicable BlueCat Offering (e.g. security recommendations emanating from the applicable BlueCat Offering). The remedies listed in the Service Level Schedule are Customer’s sole remedy and BlueCat’s sole obligation for any failure of the Cloud Service or the cloud service portions of the DNS Flex Service. All other Cloud Services are provided “as is”, per the disclaimer in Section 6.4.
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Service Levels, Sole Remedy. BlueCat will make the Cloud Service as ordered by Customer, available to Customer LQ DFFRUGDQFH ZLWK WKH DSSOLFDEOH 6HUYLFH /HY Service Level Schedule GR QRW DSSO\ WR WKH H[WHQW D &XVWRPHU¶V requirements listed in the Documentation to support the applicable BlueCat Offering; (b) Customer has breached or continues to breach this Agreement; and (c) the Service Availability (as defined in the Service Level Schedule) LV LPSDFWHG E\ &XVWRPHU¶V IDLOXUH WR LQFRUSRUDWH RU XW applicable BlueCat Offering (e.g. security recommendations emanating from the applicable BlueCat Offering).
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Service Levels, Sole Remedy. BlueCat will make the Cloud Service and the cloud service portions of the DNS Flex Service, in each case as ordered by Customer, available to Customer in accordance ZLWK WKH DSSOLFDEOH 6HUYLFH /HYHO 6FKHGXOH %OXH&DW¶V WKH H[WHQW D &XVWRPHU¶V V\VWHP GRHV QRW PHHn tWo s uWppKorHt the applicable BlueCat Offering; (b) Customer has breached or continues to breach this Agreement; and (c) the PLQL 6HUYLFH $YDLODELOLW\ DV GHILQHG LQ WKH 6HUYLFH /HYHO 6F utilize any recommendations or data produced by the applicable BlueCat Offering (e.g. security recommendations emanating from the applicable BlueCat Offering). The remedies listed in the Service Level Schedule are &XVWRPHU¶V VROH UHPHG\ DQG n%y fOaiXlurHe &of DthWe C¶loVu d SVeRrviOceHo r tRheEclOouLd JseDrvWiceLRQ IR SRUWLRQV RI WKH '16 )OH[ 6HUYLFH $OO RWKHU &ORX6.G4. 6HUYL
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Related to Service Levels, Sole Remedy

  • Sole Remedy After the Closing, no Party shall have liability under this Agreement or the transactions contemplated hereby except as is provided in this Article VIII (other than claims or causes of action arising from fraud, and other than claims for specific performance or claims arising under any Transaction Documents (which claims shall be subject to the liability provisions of such Transaction Documents)).

  • Termination Not Sole Remedy Termination is not the sole remedy under this Agreement and, whether or not termination is effected and notwithstanding anything contained in this Agreement to the contrary, all other remedies shall remain available except as agreed to otherwise herein.

  • Sole Remedies THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY ------------- AND ALL WARRANTIES AND THE SOLE REMEDIES FOR THE COMPANY'S LIABILITY IF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) WITH RESPECT TO THE PRODUCTS AND SERVICES COVERED BY THIS AGREEMENT AND ALL OTHER PERFORMANCE BY THE COMPANY UNDER OR PURSUANT TO THIS AGREEMENT SHALL BE LIMITED TO THE REMEDIES PROVIDED IN SECTION 5 HEREOF.

  • CUSTOMER REMEDIES 5.1. If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s), the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights to: 5.1.1. terminate the Agreement with immediate effect by giving written notice to the Supplier; 5.1.2. reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; 5.1.3. require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; 5.1.4. require Supplier to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s breach. 5.2. Notwithstanding any other rights or remedies available to Customer if the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice. 5.3. These Terms shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.4. The Customer’s rights under the Agreement are in addition to its rights and remedies implied by statute and common law.

  • Failure to Pursue Remedies The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.