Common use of Colocation Outage Clause in Contracts

Colocation Outage. Subject to this Section 8, in the event of a Colocation Outage, Licensee may be entitled to a credit (“Product Credit”) of 1/720 of the MRC applicable to the affected Product, for each hour in duration of any such Colocation Outage beyond three (3) hours. A Colocation Outage shall be deemed to begin upon the earlier of Provider’s actual knowledge of the Colocation Outage or Provider’s receipt of notice from Licensee of the Colocation Outage, and end when power is available, as documented by Provider’s records. Notwithstanding anything to the contrary in this Supplement, in the Agreement or in any Order Form, in no event shall a Colocation Outage or failure to meet any objectives or parameters under this Supplement be deemed to be or constitute a breach by Provider of this Supplement, the Agreement or any Order Form.

Colocation Outage. Subject to this Section 85, in the event of a Colocation Outage, Licensee may be entitled to a credit (“Product Credit”) of 1/720 of the MRC applicable to the affected Product, for each hour in duration of any such Colocation Outage beyond three (3) hours. A Colocation Outage shall be deemed to begin upon the earlier of Provider’s actual knowledge of the Colocation Outage or Provider’s receipt of notice from Licensee of the Colocation Outage, and end when power is available, as documented by Provider’s records. Notwithstanding anything to the contrary in this Supplement, in the Agreement or in any Order Form, in no event shall a Colocation Outage or failure to meet any objectives or parameters under this Supplement be deemed to be or constitute a breach by Provider of this Supplement, the Agreement or any Order Form.