Service Level Agreement. Subject to the terms and conditions of this Agreement, Bank agrees to perform the custody services provided for under this Agreement in a manner that meets or exceeds any service levels as may be agreed upon by the parties from time to time in a written document that is executed by both parties on or after the date of this Agreement, unless that written document specifically states that it is not contractually binding. For the avoidance of doubt, Bank’s Service Directory shall not be deemed to be such a written document.
Service Level Agreement. 6.1 NCR Voyix will use commercially reasonable efforts to make the Service available to you at or above the Availability Rate set forth at xxxxx://xxx.xxx.xxx/support/aloha-sla. If NCR Voyix does not meet the Availability Rate, you are entitled to request a service-level credit subject to the terms of this Agreement. This credit is calculated as a percentage of the monthly recurring bill (or monthly pro rata share of billing, if billing does not occur monthly) for the Service for the month in which the Availability Rate was not met. The Availability Rate is determined by: (a) dividing the total number of valid outage minutes in a calendar month by the total number of minutes in that month; (b) subtracting that quotient from 1.00; (c) multiplying that difference by 100; and (d) rounding that result to two decimal places in accordance with standard rounding conventions. The number of outage minutes per day for a given service is determined by the lesser of the number of outage minutes.
Service Level Agreement. 6.1 During the Subscription Term, We shall render all commercially reasonable efforts to meet the Service Level Agreement.
Service Level Agreement. Subject to the terms and conditions of this Agreement, Xxxx agrees to perform the custody services provided for under this Agreement in a manner that meets or exceeds any service levels as may be agreed upon by the parties from time to time in a written document that is executed by both parties on or after the date of this Agreement, unless that written document specifically states that it is not contractually binding. For the avoidance of doubt, Bank's Service Directory shall not be deemed to be such a written document.
Service Level Agreement. The Service Level SaaS Agreement (“SLA”) for the SaaS Services is set forth in Exhibit C hereto. The SLA sets forth Customer’s sole remedies for availability or quality of the SaaS Services including any failure to meet any guarantee set forth in the SLA.
Service Level Agreement. Appendix 10, as may be amended from time to time, of the Registry Agreement shall be incorporated into this Agreement and attached hereto as Exhibit B.
Service Level Agreement. 5.1 In conjunction with this Agreement, State Street and MLIM shall enter into a Service Level Agreement which specifies key performance indicators and delivery benchmarks in respect of the Services and which reflects the performance goals of the parties from time to time.
Service Level Agreement. AvePoint shall make the functionality of the Hosted Licensed Property available to Customer pursuant to this Agreement and shall use commercially reasonable efforts to make the SaaS Services available at the gateway between the public internet and the network of the Cloud Services Provider, except for: (i) scheduled Downtime (of which AvePoint shall, to the extent practicable, schedule so as not to adversely affect Customer's business); and (ii) as set forth in the Agreement and herein. AvePoint warrants that the Hosted Licensed Property shall have an uptime of not less than 99.5% per month (resulting in a Downtime of not more than 3 hours and 39 minutes per month) (the "SLA"). Customer shall bring forth any claim of excessive Downtime by submitting the details of such Downtime for AvePoint’s reference. AvePoint must receive such claims latest by the end of the calendar month following the month in which the alleged Downtime occurred. After AvePoint’s investigation of such claims, should the Parties determine that AvePoint has not met the uptime requirement set forth herein, Customer shall, as an exclusive remedy, be entitled to a Service Credit not to exceed in any particular month, fifteen percent (15%) of the monthly fees. Notwithstanding the foregoing, if the Parties determine that the Hosted Licensed Property had an uptime of less than ninety-nine percent (99.0%) (resulting in a Downtime of more than 7 hours and 18 minutes) in a specific month, the Customer shall, as an exclusive remedy, be entitled to a Service Credit of twenty percent (20%) of the fees applicable for that specific month. If Customer purchased a SaaS Service from a reseller, the Service Credit will be based on the estimated retail price for the applicable SaaS Service, as determined by AvePoint in its sole but reasonable discretion. Any Service Credits shall be credited to Customer within thirty (30) days of the determination of excessive Downtime by both Parties as set out above. AvePoint may, at its sole discretion, announce additional performance targets for the SaaS Services and shall use commercially reasonable efforts to meet those targets. The Parties agree that the additional performance targets may be amended by AvePoint at any time and at its sole discretion and that a failure of AvePoint to meet those targets shall not entitle Customer to a refund of any fees paid under the Agreement or any Addendum thereto.