Excluded from the Unavailability Period are any interruptions in the operation of all or part of the Internet network over which Clever Cloud has no control, as well as unavailability due to maintenance operations requested by the Customer from Support, or scheduled with at least ten (10) days’ notice.</p> <p> <strong>5.3.</strong> In case of unavailability higher than the rate indicated in article 5.1, the Customer will be entitled to claim from Clever Cloud for a given period (at least one consumption statement period, i.e. one calendar month) a maximum compensation calculated according to the formula P = Tunavail x R x 2 in which:</p> <ul> <li>P = amount in euros of the penalty;</li> <li>Tunavail = rate of unavailability over the period considered by dividing the number of consecutive minutes of unavailability of the Platform by the total number of minutes of the period;</li> <li>R = amount of the Fee invoiced and paid in full by the Customer during the twelve (12) months prior to the start of the unavailability period.</li> </ul> <p>&nbsp;In any event, the amount of this indemnity is capped by mutual agreement at a maximum of 10% of the total amount of Fees invoiced to the Customer during the twelve (12) months of the Contract preceding the start of the period of unavailability.