Allowance for Service Outage Periods Sample Clauses

Allowance for Service Outage Periods. (a) A Circuit shall be deemed to be in an outage condition if; while Customer is using or attempting to use such Circuit, such Circuit loses continuity, becomes unavailable or fails to comply with the applicable specifications for such Circuit ("Outage"). Subject to the restrictions herein, Customer is entitled to an "Outage Credit" in the event that the Service Levels described in the Service Level Agreement are not met. An "Outage Period" begins when a report is made to Supplier's Network Control Center from Customer by telephone (or via Supplier's on-line trouble ticketing interface, if applicable) that Service has been impaired, lost or interrupted. Customer must agree that such Circuit is released for repair by Supplier or its agent. An Outage Period ends when the Circuit is restored. Supplier will notify customer by telephone and Customer will confirm that Service has been restored. Any additional time necessary for Customer's confirmation shall not operate to extend the calculation of the Outage Period. Events that cause an Outage but involve simultaneous multiple failures, shall be treated as one single Outage for purposes of calculation of Outage Credits. In the event of any dispute between the parties in respect of a Service being available or subject to an Outage Credit, Supplier shall retain the sole right to determine the period of such availability for the purpose of calculating any Outage Credits due under the terms of this Agreement. All Outage Credits shall be subject to the following restrictions: (i) No credit shall be allowed with respect to any period during which Customer fails to afford access to any facilities provided by Supplier for the purpose of investigating and correcting an interruption to Service. (ii) The Monthly Lease Rates used to determine any credit hereunder shall be the then current Monthly Lease Rates being assessed. (iii) In no event shall any credit be allowed hereunder (1) in excess of the then current Monthly Lease Rate for the applicable Circuit or (2) with respect to any Circuit for which Customer (i) fails to make or (ii) is excused from making any payment because of operation of law or any other reason. (b) The duration of the Outage Period and Outage Credits will be determined at the sole discretion of Supplier, based upon Supplier's internal records. Customer shall have the right to request credit(s) for a period of one hundred and eighty (180) days after the occurrence of an outage or alleged outage. Custo...
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Allowance for Service Outage Periods. (a) A Circuit shall be deemed to be in an outage condition if, while Customer is using or attempting to use such Circuit, such Circuit loses continuity, becomes unavailable or fails to comply with the applicable specifications for such Circuit. An outage period begins when a report is made to Broadwing's Network Control Center from Customer by telephone that Service has been impaired, lost or interrupted. If time lapses between the time an actual outage occurs and the time Customer reports such outage, Broadwing shall allow the credit outage calculation to commence up to one (1) hour prior to the point of Customer's report of that outage to Broadwing; in extreme cases (severe outages) or during off-hours where notification cannot be made immediately, the credit start point shall be reviewed between Broadwing and Customer on an individual case basis. In any instance, Broadwing reserves the right to review an outage credit request which is outside the normal parameters. Customer must agree that such Circuit is released for repair by Broadwing or its agent. An outage period ends when the Circuit is restored. Broadwing will notify customer by telephone and Customer will confirm that Service has been restored; provided, however, that if in fact the Circuit is restored, any additional time necessary for Customer's confirmation shall not operate to extend the calculation of the outage period hereunder. (b) A credit for each outage period shall be allowed and calculated as follows: -------------------------------------------------------------------------------- Outage Credit Schedule - DS-X and OC-X Protected (1+1) Circuits -------------------------------------------------------------------------------- Level 0 Outage 0 to less than 10 minutes = No credit Xxxxx 0 Xxxxxx 00 to less than 30 minutes = 1 hour credit Level 2 Outage 30 to less than 60 minutes = 4 hours credit Level 3 Outage 60 to less than 4 hours = 8 hours credit Level 4 Outage 4 to less than 8 hours = 24 hours credit Level 5 Outage 8 to less than 24 hours = 2 days credit Level 6 Outage 24 hours + = Actual plus 2 days credit Two events of level 1 or greater outage in a Month = double credit Three or more events of Outage in a Month = triple credit -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- Outage Credit Schedule - OC-12c and OC-48c Unprotected (1+0) Circuits ---------------------------...
Sample 1
Allowance for Service Outage Periods. (a) A Circuit shall be deemed to be in an outage condition under this Agreement if, while Lessee is using or attempting to use such Circuit, such Circuit loses continuity and fails to comply with the applicable specifications for such Circuit. An outage period begins when a report is received by Lessor's Network Control Center from Lessee by telephone that Service has been interrupted and that such Circuit is released for repair. An outage period ends when Lessor notifies Lessee by telephone that Service has been restored. (b) A credit for each outage period shall be allowed and calculated as follows: (i) No credit shall be allowed for an outage period of seventy-two (72) hours or less in the case of a Catastrophic Outage (as defined below, or of one (1) hours or less in the case of a Non-Catastrophic Outage (as defined below). Lessee shall be credited for an outage period to the extent such outage period exceeds seventy-two (72) hours or one(1) hour, as the case may be, at the rate of [CT REQUESTED] of the monthly rate or charge applicable to the Circuits which are subject to the outage period for each half-hour or major fraction thereof that an outage period continues beyond seventy-two (72) hours or one (1) hour as the case may be. For purposes of the foregoing,
Sample 1

Related to Allowance for Service Outage Periods

  • Service Outages (a) Service Outages Due to Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing. (b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning. (c) Service Outage Due to Suspension or Termination of Your Citi-Tel Account. Service outages due to suspension or termination of your account will prevent all Service, including 911 Dialing, from functioning. (d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Dialing feature, may not function. You acknowledge that Citi-Tel is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 Dialing, that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.

  • Vacation Periods Vacation schedules will be set by the employee’s immediate supervisor(s) and sent to the Office of Human Resources for approval. Employees may request a particular period for vacation. Vacation days may not be taken in advance of their accrual. Those employees who are on a 12-month teacher contract are paid during Spring Break and Winter Recess, however, are not expected to be in attendance or perform duties during those breaks.

  • Meal Periods (a) Meal periods shall be scheduled as close as possible to the middle of the scheduled hours of work. The length of the meal period shall be agreed to at the local level and shall be not less than 30 minutes nor more than 60 minutes. (b) An employee shall be entitled to take their meal period away from the workstation. Where this cannot be done, the meal period shall be considered as time worked.

  • Scheduled Downtime For the purposes of this Agreement, Scheduled Downtime will mean those hours, as determined by us but which will not occur between the hours of 9:00 AM and 5:00 PM Eastern Time, Monday through Friday without your authorization or unless exigent circumstances exist, during which time we will perform scheduled maintenance or adjustments to the Environment. We will use our best efforts to provide you with at least twenty-four (24) hours of notice prior to scheduling Scheduled Downtime.

  • Probationary Periods Employees transferring to a different title will serve a six (6) calendar month probationary period. In the event the probationary period is not satisfactorily completed, the affected employee shall be returned to Job Bank assignment and the employee’s “bumping”, layoff or transfer rights under the Agreement or other applicable authority shall be restored to the same extent such rights existed prior to the employee taking the probationary position. Upon the affected employee’s first such return to the Job Bank, the employee shall be entitled to remain in the Job Bank for the greater of ten (10) business days, or the duration of the applicable Job Bank period, as determined under Article I, paragraph 2, that remained as of the date the employee began in the probationary position. The rate of compensation for the remainder of the employee’s time in the Job Bank will be the same as the rate in effect as of the employee’s last day in the probationary position. Return to the Job Bank terminates the employee’s work in the probationary assignment and, therefore, time served following the return to the Job Bank shall not be construed to count toward the completion of the probationary period.

  • Payment for period of leave 30.9.1. Each employee before going on leave shall be paid the amount of wage he/she would have received in respect of the ordinary time which he/she would have worked had he/she not been on leave during the relevant periods. For the purpose of this clause and 29.1 wages shall be at the rate prescribed by the relevant part of Schedule 3 for the classification in which the employee was ordinarily employed immediately prior to the commencement of his/her leave.

  • Service Interruption Except where there exists an emergency situation necessitating a more expeditious procedure, the Licensee may interrupt Service for the purpose of non-routine repairing or testing the Cable Television System only during periods of minimum use and, when practical, only after a minimum of forty-eight (48) hours notice to all affected Subscribers.

  • Service Interruptions The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

  • SAVINGS/FORCE MAJEURE A Force Majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled and is not due to the negligence or willful misconduct of the affected party. Force Majeure includes, but is not limited to, acts of God, acts of war, acts of public enemies, terrorism, strikes, fires, explosions, actions of the elements, floods, or other similar causes beyond the control of the Contractor or the Commissioner in the performance of the Contract where non- performance, by exercise of reasonable diligence, cannot be prevented. The affected party shall provide the other party with written notice of any Force Majeure occurrence as soon as the delay is known and provide the other party with a written contingency plan to address the Force Majeure occurrence, including, but not limited to, specificity on quantities of materials, tooling, people, and other resources that will need to be redirected to another facility and the process of redirecting them. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time. Notwithstanding the foregoing, if the Force Majeure condition continues beyond thirty (30) days, the Parties shall jointly decide on an appropriate course of action that will permit fulfillment of the Parties’ objectives hereunder. The Contractor agrees that in the event of a delay or failure of performance by the Contractor, under the Contract due to a Force Majeure occurrence: a. The Commissioner may purchase from other sources (without recourse to and by the Contractor for the costs and expenses thereof) to replace all or part of the Products which are the subject of the delay, which purchases may be deducted from the Contract quantities without penalty or liability to the State, or b. The Contractor will make commercially reasonable efforts to provide Authorized Users with access to Products first in order to fulfill orders placed before the Force Majeure event occurred. The Commissioner agrees that Authorized Users shall accept allocated performance or deliveries during the occurrence of the Force Majeure event. Neither the Contractor nor the Commissioner shall be liable to the other for any delay in or failure of performance under the Contract due to a Force Majeure occurrence. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages. The existence of such causes of such delay or failure shall extend the period for performance to such extent as determined by the Contractor and the Commissioner to be necessary to enable complete performance by the Contractor if reasonable diligence is exercised after the cause of delay or failure has been removed. Notwithstanding the above, at the discretion of the Commissioner where the delay or failure will significantly impair the value of the Contract to the State or to Authorized Users, the Commissioner may terminate the Contract or the portion thereof which is subject to delays, and thereby discharge any unexecuted portion of the Contract or the relative part thereof. In addition, the Commissioner reserves the right, in his/her sole discretion, to make an equitable adjustment in the Contract terms and/or pricing should extreme and unforeseen volatility in the marketplace affect pricing or the availability of supply. "Extreme and unforeseen volatility in the marketplace" is defined as market circumstances which meet the following criteria: (i) the volatility is due to causes outside the control of Contractor; (ii) the volatility affects the marketplace or industry, not just the particular Contract source of supply; (iii) the effect on pricing or availability of supply is substantial; and (iv) the volatility so affects Contractor's performance that continued performance of the Contract would result in a substantial loss. Failure of the Contractor to agree to any adjustment shall be a dispute under the Disputes clause; provided however, that nothing in this clause shall excuse the Contractor from performing in accordance with the Contract as changed.

  • Break Periods ‌ There will be no rest periods, organized coffee breaks or other non-working time established during working hours. Individual coffee containers will be permitted at the employee’s work location. Where 4/10s are being worked there shall be a morning and an afternoon coffee break.

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