Common use of Downtime and Service Suspensions Clause in Contracts

Downtime and Service Suspensions. Customer acknowledges that: (a) Customer’s access to and use of the Service may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Service for any reason, including as a result of power outages, hacking, system failures, fraud prevention, or other interruptions; and (b) Avaya shall also be entitled, without incurring any liability to Customer or its users, to suspend access to any portion or all of the Service at any time, on a Service-wide basis: (i) for scheduled downtime to permit Avaya to conduct maintenance or make modifications, upgrades, or updates to any Service; (ii) in the event of a denial of service attack or other attack on the Service or other event that Avaya determines, in its sole discretion, may create a risk to the applicable Service, to Customer or its users or to any of Avaya’s other customers if the Service were not suspended; or (iii) in the event that Avaya determines that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Suspensions"). WITHOUT LIMITATION TO SECTION 8 (LIMITATION OF LIABILITY), AVAYA SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITIES, LOSSES (INCLUDING ANY LOSS OF DATA OR PROFITS) OR ANY OTHER CONSEQUENCES THAT CUSTOMER OR ITS USERS MAY INCUR AS A RESULT OF ANY SERVICE SUSPENSION. TO THE EXTENT AVAYA IS ABLE, AVAYA WILL ENDEAVOR TO PROVIDE CUSTOMER NOTICE OF ANY SERVICE SUSPENSION IN ACCORDANCE WITH THE SUPPLEMENTAL TERMS OR SOW AND TO POST UPDATES REGARDING RESUMPTION OF THE SERVICE FOLLOWING ANY SUCH SUSPENSION, BUT SHALL HAVE NO LIABILITY FOR THE MANNER IN WHICH AVAYA MAY DO SO OR IF AVAYA FAILS TO DO SO. 5 CUSTOMER CONTENT AND MARKS

Downtime and Service Suspensions. Customer acknowledges In addition to the right of FedEx to terminate this Agreement as described in Section 8 above, You acknowledge that: (ai) Customer’s Your access to and use of the Service DRC and/or the Materials may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Service DRC for any reason, including as a result of power outages, hacking, system failures, fraud prevention, failures or other interruptions; and (bii) Avaya FedEx shall also be entitled, without incurring any liability to Customer or its usersYou, to suspend access to any portion or all of the Service DRC or the Materials at any time, on a Service-wide basis: (ia) for scheduled downtime to permit Avaya FedEx to conduct maintenance or make modifications, upgrades, or updates modifications to any Serviceportion of the DRC; (iib) in the event of a denial of service attack or other attack on the Service DRC or other event that Avaya FedEx determines, in its sole discretion, may create a risk to the applicable ServiceDRC, the Materials, to Customer or its users You or to any of Avaya’s its other customers if access to the Service were DRC or the Materials is not suspended; or (iiic) in the event that Avaya FedEx determines that any portion of the DRC or the Materials is prohibited by law or FedEx otherwise determines that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Suspensions"). WITHOUT LIMITATION TO SECTION 8 FedEx shall have no liability whatsoever for any damage, liabilities, losses (LIMITATION OF LIABILITY)including any loss of data or profits) or any other consequences that You may incur as a result of any Service Suspension. To the extent FedEx is able, AVAYA SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGEFedEx will endeavor to provide You email notice of any Service Suspension in accordance with the notice provisions set forth in Section 15 below and to post updates at xxx.xxxxx.xxx regarding resumption of access to the DRC and the Materials following any such suspension, LIABILITIES, LOSSES (INCLUDING ANY LOSS OF DATA OR PROFITS) OR ANY OTHER CONSEQUENCES THAT CUSTOMER OR ITS USERS MAY INCUR AS A RESULT OF ANY SERVICE SUSPENSION. TO THE EXTENT AVAYA IS ABLE, AVAYA WILL ENDEAVOR TO PROVIDE CUSTOMER NOTICE OF ANY SERVICE SUSPENSION IN ACCORDANCE WITH THE SUPPLEMENTAL TERMS OR SOW AND TO POST UPDATES REGARDING RESUMPTION OF THE SERVICE FOLLOWING ANY SUCH SUSPENSION, BUT SHALL HAVE NO LIABILITY FOR THE MANNER IN WHICH AVAYA MAY DO SO OR IF AVAYA FAILS TO DO SO. 5 CUSTOMER CONTENT AND MARKSbut shall have no liability for the manner in which FedEx may do so or if FedEx fail to do so.

Downtime and Service Suspensions. Customer acknowledges In addition to the right of FedEx to terminate this Agreement as described in Section 7 above, You acknowledge that: (ai) Customer’s Your access to and use of the Service Web Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Service Web Services for any reason, including as a result of power outages, hacking, system failures, fraud prevention, failures or other interruptions; and (bii) Avaya FedEx shall also be entitled, without incurring any liability to Customer or its usersYou, to suspend access to any portion or all of the Service Web Services at any time, on a Web Service-wide basis: (ia) for scheduled downtime to permit Avaya FedEx to conduct maintenance or make modifications, upgrades, or updates modifications to any Web Service; (iib) in the event of a denial of service attack or other attack on the Web Service or other event that Avaya FedEx determines, in its sole discretion, may create a risk to the applicable Web Service, to Customer or its users You or to any of Avaya’s its other customers if the Web Service were was not suspended; or (iiic) in the event that Avaya FedEx determines that any Web Service is prohibited by law or FedEx otherwise determines that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Suspensions"). WITHOUT LIMITATION TO SECTION 8 FedEx shall have no liability whatsoever for any damage, liabilities, losses (LIMITATION OF LIABILITY)including any loss of data or profits) or any other consequences that You may incur as a result of any Service Suspension. To the extent FedEx is able, AVAYA SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGEFedEx will endeavor to provide You email notice of any Service Suspension in accordance with the notice provisions set forth in Section 17 below and to post updates on xxx.xxxxx.xxx regarding resumption of Web Services following any such suspension, LIABILITIES, LOSSES (INCLUDING ANY LOSS OF DATA OR PROFITS) OR ANY OTHER CONSEQUENCES THAT CUSTOMER OR ITS USERS MAY INCUR AS A RESULT OF ANY SERVICE SUSPENSION. TO THE EXTENT AVAYA IS ABLE, AVAYA WILL ENDEAVOR TO PROVIDE CUSTOMER NOTICE OF ANY SERVICE SUSPENSION IN ACCORDANCE WITH THE SUPPLEMENTAL TERMS OR SOW AND TO POST UPDATES REGARDING RESUMPTION OF THE SERVICE FOLLOWING ANY SUCH SUSPENSION, BUT SHALL HAVE NO LIABILITY FOR THE MANNER IN WHICH AVAYA MAY DO SO OR IF AVAYA FAILS TO DO SO. 5 CUSTOMER CONTENT AND MARKSbut shall have no liability for the manner in which FedEx may do so or if FedEx fails to do so.

Downtime and Service Suspensions. Customer acknowledges In addition to the right of FedEx to terminate this Agreement as described in Section 5 above, You acknowledge that: (ai) Customer’s Your access to and use of the Service Web Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Service Web Services for any reason, including as a result of power outages, hacking, system failures, fraud prevention, failures or other interruptions; and (bii) Avaya FedEx shall also be entitled, without incurring any liability to Customer or its usersYou, to suspend access to any portion or all of the Service Web Services at any time, on a Service-wide basis: (ia) for scheduled downtime to permit Avaya FedEx to conduct maintenance or make modifications, upgrades, or updates modifications to any Web Service; (iib) in the event of a denial of service attack or other attack on the Web Service or other event that Avaya FedEx determines, in its sole discretion, may create a risk to the applicable Web Service, to Customer or its users You or to any of Avaya’s its other customers if the Web Service were was not suspended; or (iiic) in the event that Avaya FedEx determines that any Web Service is prohibited by law or FedEx otherwise determines that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Suspensions"). WITHOUT LIMITATION TO SECTION 8 FedEx shall have no liability whatsoever for any damage, liabilities, losses (LIMITATION OF LIABILITY)including any loss of data or profits) or any other consequences that You may incur as a result of any Service Suspension. To the extent FedEx is able, AVAYA SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGEFedEx will endeavor to provide You email notice of any Service Suspension in accordance with the notice provisions set forth in Section 13 below and /or, LIABILITIESif feasible, LOSSES (INCLUDING ANY LOSS OF DATA OR PROFITS) OR ANY OTHER CONSEQUENCES THAT CUSTOMER OR ITS USERS MAY INCUR AS A RESULT OF ANY SERVICE SUSPENSION. TO THE EXTENT AVAYA IS ABLEpost updates on xxx.xxxxx.xxx regarding resumption of Web Services following any such suspension, AVAYA WILL ENDEAVOR TO PROVIDE CUSTOMER NOTICE OF ANY SERVICE SUSPENSION IN ACCORDANCE WITH THE SUPPLEMENTAL TERMS OR SOW AND TO POST UPDATES REGARDING RESUMPTION OF THE SERVICE FOLLOWING ANY SUCH SUSPENSION, BUT SHALL HAVE NO LIABILITY FOR THE MANNER IN WHICH AVAYA MAY DO SO OR IF AVAYA FAILS TO DO SO. 5 CUSTOMER CONTENT AND MARKSbut shall have no liability for the manner in which FedEx may do so or if FedEx fails to do so.