2Process. 15.2.1 A BFR shall be submitted in writing by NEN and shall specifically identify the need to include technical requirements, space requirements and/or other such specifications that clearly define the request such that GTE has sufficient information to analyze and prepare a response.
2Process. 10.2.1 A BFR shall be submitted in writing by Bayland and shall specifically identify the need to include technical requirements, space requirements and/or other such specifications that clearly define the request such that CenturyTel has sufficient information to analyze and prepare a response.
2Process. ESD will promptly notify you of any claim subject to Section 8.1. In the event of a claim, you may: (a) use counsel of your own choosing to defend against any claim; and (b) settle the claim as you deem appropriate, provided that you obtain ESD’s prior written consent before entering into any settlement. ESD may also assume control of the defense and settlement of the claim at any time. 9 Disclaimers THIS SERVICE LEVEL AGREEMENT, AS WELL AS THE SERVICES DESCRIBEDWITHIN ARE PROVIDED “AS IS.” ESD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUATORY OR OTHERWISE THAT SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ESD HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE. 10 Limitations of Liability ESD WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA) EVEN IF ESD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, ESD WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES RESULTING FROM YOUR INABILITY TO USE OUR SERVICES OR PRODUCTS AS A RESULT OF ANY (I) TERMINATION OF THIS AGREEMENT, (II) OUR DISCONTINUATION OF ANY OR ALL SERVICES, (III) TEMPORARY OR PERMANENT SUSPENSION OF SERVICES, OR, (IV) ANY UNANTICIPATED, SCHEDULED, OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF ESD’S SERVICES DUE TO ANY CAUSE, INCLUDING POWER OUTAGES, SYSTEM FAILURES, INTERNET ISSUES,SYSTEM MAINTENANCE, OR OTHER INTERRUPTIONS. NOTWITHSTANDING THE AFORESAID,ESD’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID ESD UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
