Common use of Chronic Service Outages / Clause in Contracts

Chronic Service Outages /. Unsatisfactory Performance A credit of one months recurring charge may be applied for a circuit or service meeting the definition of Chronic Service Outage in section above. X In any subsequent month in which a circuit or service has an Outage after qualifying as a Chronic Service Outage, a credit of one months total recurring charge for the circuit or service may be assessed for that month, in addition to any other liquidated damages that may be assessable for failure to repair. X When a Chronic Service Outage exists for a circuit or service, the Authorized User may direct the Contractor, at no cost to the State or Authorized User to replace the circuit or service with a new one; and the Contractor shall install the new circuit or service in the most expeditious timeframe for installation of a new circuit/service contained in the contract. X If the authorized user and Qwest agree that replacing a circuit will resolve a chronic issue, Qwest will order a replacement circuit, and will not charge for installation. In the event that an Authorized contract user determines that the service provided is unsatisfactory and the contractor is deemed to be in breech of contact and the Authorized user must replace the services with comparable service from another contactor the contractor in breach will be responsible for: • providing continued services during the transition period at no additional cost to the Authorized User • all transition expenses or additional costs • assessed damages X Qwest agrees as it applies to direct damages only. Customer will make reasonable efforts to mitigate costs in acquiring the comparable services under similar terms and conditions.

Chronic Service Outages /. Unsatisfactory Performance Performance‌‌ A credit of one months recurring charge may be applied for a circuit or service meeting the definition of Chronic Service Outage in section above. X (Sprint shall make commercially reasonable efforts to meet requested timelines. However, Sprint respectfully takes exception to this provision as it relates to liquidated damages and respectfully requests discussion with NYS regarding such credits.)‌ In any subsequent month in which a circuit or service has an Outage after qualifying as a Chronic Service Outage, a credit of one months total recurring charge for the circuit or service may be assessed for that month, in addition to any other liquidated damages that may be assessable for failure to repair. X See above. When a Chronic Service Outage exists for a circuit or service, the Authorized User may direct the Contractor, at no cost to the State or Authorized User to replace the circuit or service with a new one; and the Contractor shall install the new circuit or service in the most expeditious timeframe for installation of a new circuit/service contained in the contract. X If the authorized user and Qwest agree that replacing a circuit will resolve a chronic issue, Qwest will order a replacement circuit, and will not charge for installationSee above. In the event that an Authorized contract user determines that the service provided is unsatisfactory and the contractor is deemed to be in breech of contact and the Authorized user must replace the services with comparable service from another contactor the contractor in breach will be responsible for: • providing continued services during the transition period at no additional cost to the Authorized User See above. • all transition expenses or additional costs • assessed damages X Qwest agrees as it applies to direct damages only. Customer will make reasonable efforts to mitigate costs in acquiring the comparable services under similar terms and conditions.damages

Chronic Service Outages /. Unsatisfactory Performance Performance‌ A credit of one months recurring charge may be applied for a circuit or service meeting the definition of Chronic Service Outage in section above. X In any subsequent month in which a circuit or service has an Outage after qualifying as a Chronic Service Outage, a credit of one months total recurring charge for the circuit or service may be assessed for that month, in addition to any other liquidated damages that may be assessable for failure to repair. X When a Chronic Service Outage exists for a circuit or service, the Authorized User may direct the Contractor, at no cost to the State or Authorized User to replace the circuit or service with a new one; and the Contractor shall install the new circuit or service in the most expeditious timeframe for installation of a new circuit/service contained in the contract. X If the authorized user and Qwest agree that replacing a circuit will resolve a chronic issue, Qwest will order a replacement circuit, and will not charge for installation. In the event that an Authorized contract user determines that the service provided is unsatisfactory and the contractor is deemed to be in breech of contact and the Authorized user must replace the services with X comparable service from another contactor the contractor in breach will be responsible for: • providing continued services during the transition period at no additional cost to the Authorized User • all transition expenses or additional costs • assessed damages X Qwest agrees as it applies to direct damages only. Customer will make reasonable efforts to mitigate costs in acquiring the comparable services under similar terms and conditions.damages