Common use of CORE SERVICE REBATES Clause in Contracts

CORE SERVICE REBATES. 8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2. 8.2 Notwithstanding clause 8.1 following the Service Level Commencement Date, the LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels only: (a) Fibre Patching Service Connections Service Level (specified in clause 1.2(a) of Appendix 1 of these Service Level Terms); (b) Inter-CO Fibre Service Connections Service Level (specified in clause 1.2(b) of Appendix 1 of these Service Level Terms); and (c) Service Availability – Maximum Downtime Service Level (specified in clause 2.1 of Appendix 1 of these Service Level Terms). 8.3 For the avoidance of doubt, the Service Provider will not receive a Core Service Rebate from the LFC for any failure to meet an Ancillary Service Level. The Ancillary Service Levels are reporting metrics only. 8.4 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.

Appears in 3 contracts

Samples: Service Level Agreement, Service Level Agreement, Ufb Services Agreement

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CORE SERVICE REBATES. 8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2. 8.2 Notwithstanding clause 8.1 following the Service Level Commencement Date, the LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels only: (a) Fibre Patching Service Connections Service Level (specified in clause 1.2(a) of Appendix 1 of these Service Level Terms); (b) Inter-Inter CO Fibre Service Connections Service Level (specified in clause 1.2(b) of Appendix 1 of these Service Level Terms); and (c) Service Availability – Maximum Downtime Service Level (specified in clause 2.1 of Appendix 1 of these Service Level Terms). 8.3 For the avoidance of doubt, the Service Provider will not receive a Core Service Rebate from the LFC for any failure to meet an Ancillary Service Level. The Ancillary Service Levels are reporting metrics only. 8.4 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.

Appears in 2 contracts

Samples: Service Level Agreement, Service Level Agreement

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CORE SERVICE REBATES. 8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2. 8.2 Notwithstanding clause 8.1 following the Service Level Commencement Date, the LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels only: (a) Fibre Patching Service Connections Service Level (specified in clause 1.2(a) of Appendix 1 of these Service Level Terms); (b) Inter-CO Fibre Service Connections Service Level (specified in clause 1.2(b) of Appendix 1 of these Service Level Terms); and (c) Service Availability – Maximum Downtime Service Level (specified in clause 2.1 of Appendix 1 of these Service Level Terms). 8.3 For the avoidance of doubt, the Service Provider will not receive a Core Service Rebate from the LFC for any failure to meet an Ancillary Service Level. The Ancillary Service Levels are reporting metrics only. 8.4 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.

Appears in 1 contract

Samples: Fibre Interconnection Service Agreement

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