Common use of Credit for Outages* Clause in Contracts

Credit for Outages*. No credit or adjustment will be made for interruptions of the Service unless the interruption continues for a period of twenty-four (24) hours or more, measured from the time the interruption is reported to BANM by Customer. In the event of an interruption of the Service that continues for a period of twenty-four (24) hours or more, credit allowance will be made, at Customer's request, for a pro-rata amount not to exceed the minimum charge per NEI for that month for each NEI rendered inoperative by the interruption. The credit shall be available only where the interruption is in no part due to the acts or omissions of Customer or an Authorized User whether negligent or otherwise or by interruptions caused by failure of equipment or service not provided by BANM. The foregoing credit shall be the sole and exclusive remedy to Customer and/or Authorized User for any interruption of the Service. In order to be eligible for any such credit, Customer must request the credit within sixty (60) days of the commencement of the interruption.

Appears in 3 contracts

Samples: Confidential Treatment (U S Wireless Data Inc), Airbridge Packet Service Agreement (Goamerica Inc), Airbridge Packet Service Agreement (Goamerica Inc)

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Credit for Outages*. No Except as provided in Section 18, no credit or adjustment will be made for interruptions of the Service unless the interruption continues for a period of twenty-four (24) hours or more, measured from the time the interruption is reported to BANM by Customercommences. In the event of an interruption of the Service that continues for a period of twenty-four (24) hours or more, credit allowance will be made, at Customer's request, for a pro-rata amount not to exceed the minimum charge per NEI for that month for each NEI rendered inoperative by the interruption. The credit shall be available only where the interruption is in no part due to the acts or omissions of Customer or an Authorized User whether negligent or otherwise or by interruptions caused by failure of equipment or service not provided by BANMALLTEL. The foregoing credit shall be the sole and exclusive remedy to Customer and/or Authorized User for any interruption of the Service. In order to be eligible for any such credit, Customer must request the credit within sixty (60) days of the commencement of the interruption.

Appears in 1 contract

Samples: Alltel Wireless Data Packet Service Agreement (At Road Inc)

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