Common use of ALLOWANCE FOR INTERRUPTIONS Clause in Contracts

ALLOWANCE FOR INTERRUPTIONS. (a) When use of the channels, interface types or arrangements furnished by one Party in accordance with this Agreement is interrupted due to trouble in such channels, interface types or arrangements, and such interruption is not caused by the negligence of the other Party or its subscriber, or the fault of facilities or equipment provided by the other Party or its subscriber, the other Party shall, upon request, be allowed a credit as follows: (i) The amount of credit shall be an amount equal to the pro rata monthly charge, specified in Attachment II, for the period during which the channel, interface type or arrangement affected by the interruption is out of service. (ii) All credit for interruption shall begin from the time of actual notice from one Party to the other Party, in accordance with Paragraph 8 preceding, that an interruption of use has occurred. No credit shall be allowed for an amount of less than five (5) dollars. (b) A credit shall not be applicable for any period during which one Party fails to afford access to the facilities furnished by the other Party for the purpose of investigating and clearing troubles. (c) The date when the channels, interface types or arrangements furnished under this Agreement shall be placed into service shall be mutually agreed upon by the Parties to this Agreement. If the Party providing the channels, interface types or arrangements fails to establish service by such date, it shall provide to the other Party a credit of 1/30 of the monthly charge for the facilities whose installation was delayed for each day of the delay in service establishment of such facilities.

ALLOWANCE FOR INTERRUPTIONS. (a) When use of the channels, interface types or arrangements furnished by one Party CBT in accordance with this Agreement is interrupted due to trouble in such channels, interface types or arrangements, and such interruption is not caused by the negligence of the other Party Nextel or its subscriber, or the fault of facilities or equipment provided by the other Party Nextel or its subscriber, the other Party Nextel shall, upon request, be allowed a credit as follows: (i) The amount of credit to Nextel shall be an amount equal to the pro rata monthly charge, specified in Attachment II, for the period during which the channel, interface type or arrangement affected by the interruption is out of service. (ii) All credit for interruption shall begin from the time of actual notice from one Party by Nextel to the other PartyCBT, in accordance with Paragraph 8 preceding, that an interruption of use has occurred. No credit shall be allowed for an amount of less than five (5) dollars. (b) A credit shall not be applicable for any period during which one Party Nextel fails to afford access to the facilities furnished by the other Party CBT for the purpose of investigating and clearing troubles. (c) The date when the channels, interface types or arrangements furnished under this Agreement shall be placed into service shall be mutually agreed upon by the Parties parties to this Agreement. If the Party providing the channels, interface types or arrangements CBT fails to establish service by such date, it CBT shall provide to the other Party Nextel a credit of 1/30 of the monthly charge for the facilities whose installation was delayed for each day of the delay in service establishment of such facilities.