Events Excepted From Product Credit. Notwithstanding the foregoing, Licensee shall not receive any Product Credit for any Product Outage, failure to meet any objectives or parameters hereunder, or delay in performing repairs, arising from or caused, in whole or in part, by any of the following events:
a. Licensee’s (including its agents, contractors and vendors) acts or omissions;
b. Failure on the part of Licensee Equipment, Licensee provided optical fiber, end user equipment or Licensee’s vendor’s equipment;
c. Failure of electrical power not provided by Crown Castle;
d. Election by Licensee, after requested by Crown Castle, not to release the Licensee Fibers for testing and repair;
e. Crown Castle’s inability to obtain access required to remedy a defect in a Product, including lack of access due to utility safety restrictions;
f. Scheduled maintenance periods;
g. Scheduled upgrade of Product at the request of Licensee;
h. Force Majeure Event; or
i. Disconnection or suspension of the Product by Crown Castle pursuant to a right provided under this Agreement.
Events Excepted From Product Credit. Notwithstanding the foregoing, Licensee shall not receive any Product Credit for any Product Outage, Product Performance Failure, or delay in performing repairs, arising from or caused, in whole or in part, by any of the following events (collectively referred to as “Excluded Events”):
a. Licensee’s (including its agents, contractors and vendors) acts or omissions;
b. Failure on the part of Licensee Equipment, Licensee provided optical fiber, Licensee’s end user equipment or Licensee’s vendor’s equipment;
c. Failure of electrical power not provided by Crown Castle;
d. Election by Licensee, after requested by Crown Castle, not to release the Product for testing and repair;
e. Crown Castle’s inability to obtain access required to remedy a defect in the Product or restore DDoS Defense;
f. Scheduled maintenance and emergency maintenance periods;
g. Scheduled upgrade of Product at the request of Licensee;
Events Excepted From Product Credit. Notwithstanding the foregoing, Licensee shall not receive any Product Credit for any Product Outage, failure to meet any objectives or parameters hereunder, or delay in performing repairs, arising from or caused, in whole or in part, by any of the following events:
a. Licensee’s (including its agents, contractors and vendors) acts or omissions;
b. Failure on the part of Licensee Equipment, Licensee provided optical fiber, end user equipment or Licensee’s vendor’s equipment;
c. Failure of electrical power not provided by Company;
d. Election by Licensee, after requested by Company, not to release the Product for testing and repair;
e. Company’s inability to obtain access required to remedy a defect;
f. Scheduled maintenance periods;
g. Scheduled upgrade of the Product at the request of Licensee;
h. Force Majeure Event;
i. Disconnection or suspension of the Product by Company pursuant to a right provided under this Agreement; and/or j. Company’s inability to repair due to utility safety restrictions.
Events Excepted From Product Credit. Notwithstanding the foregoing, Licensee shall not receive any Product Credit for any Product Outage, failure to meet any objectives or parameters hereunder, or delay in performing repairs, arising from or caused, in whole or in part, by any of the following events:
a. Licensee’s (including its agents, contractors and vendors) acts or omissions;
b. Failure on the part of Licensee Equipment, Licensee provided optical fiber, end user equipment or Licensee’s vendor’s equipment;
c. Failure, outage or other issues with any Licensee circuits or other underlying circuits;
d. Failure of electrical power not provided by Crown Castle;
e. Election by Licensee, after requested by Crown Castle, not to release the Product for testing and repair;
f. Crown Castle’s inability to obtain access required to remedy a defect;
g. Scheduled maintenance periods;
h. Scheduled upgrade of the Product at the request of Licensee;
i. Force Majeure Event;
j. Disconnection or suspension of the Product by Crown Castle pursuant to a right provided under this Agreement; and/or
k. Crown Castle’s inability to repair due to utility safety restrictions.
Events Excepted From Product Credit. Notwithstanding the foregoing, Licensee shall not receive any Product Credit for any Colocation Outage, failure to meet any objectives or parameters hereunder, or delay in performing repairs, arising from or caused, in whole or in part, by the following events:
a. Licensee’s (including its agents, contractors and vendors) acts or omissions;
b. Failure on the part of Licensee Equipment, Licensee provided optical fiber, End User equipment or Licensee’s vendor’s equipment;
c. Failure of electrical power not provided by Provider;
d. Election by Licensee, after requested by Provider, not to release the Product for testing and repair;
e. Provider’s inability to obtain access required to remedy a defect in Service;
f. Scheduled maintenance and emergency maintenance periods;
g. Scheduled upgrade of Service at the request of Licensee;
Events Excepted From Product Credit. Notwithstanding the foregoing, Licensee shall not receive any Product Credit for any Product Outage, failure to meet any objectives or parameters hereunder, or delay in performing repairs, arising from or caused, in whole or in part, by any of the following events:
a. Licensee’s (including its agents, contractors and vendors) acts or omissions;
b. Failure on the part of Licensee Equipment, Licensee provided optical fiber, end user equipment or Licensee’s vendor’s equipment;
c. Failure of electrical power not provided by Planet;
d. Election by Licensee, after requested by Planet, not to release the Product for testing and repair;
e. Planet’s inability to obtain access required to remedy a defect;
f. Scheduled maintenance periods;
g. Scheduled upgrade of the Product at the request of Licensee;
h. Force Majeure Event;
i. Disconnection or suspension of the Product by Planet pursuant to a right provided under this Agreement; and/or j. Planet’s inability to repair due to utility safety restrictions.
Events Excepted From Product Credit. Notwithstanding the foregoing, Licensee shall not receive any Product Credit for any Network Unavailability, failure to meet any objectives or parameters hereunder, or delay in performing repairs, arising from or caused, in whole or in part, by any of the following events:
a. Licensee’s (including its agents, contractors and vendors) acts or omissions;
b. Failure on the part of Licensee Equipment, Licensee provided optical fiber, End User equipment or Licensee’s vendor’s equipment;
c. Failure of electrical power not provided by Company;
d. Election by Licensee, after requested by Company, not to release the Product for testing and repair;
e. Company’s inability to obtain access required to remedy a defect in Product;
f. Scheduled maintenance and emergency maintenance periods;
g. Scheduled upgrade of Product at the request of Licensee;
h. Force Majeure Event;
i. Disconnection or suspension of the Product by Company pursuant to a right provided under this Agreement; and/or j. Company’s inability to repair due to utility safety restrictions.
Events Excepted From Product Credit. Notwithstanding the foregoing, Licensee shall not receive any Product Credit for any Product Failure, Product Performance Failure, or delay in performing repairs, arising from or caused, in whole or in part, by any of the following events (collectively referred to as “Excluded Events”):
a. Licensee’s (including its agents, contractors and vendors) acts or omissions;
b. Failure on the part of Licensee Equipment, Licensee provided optical fiber, End User equipment or Licensee’s vendor’s equipment;
c. Failure of electrical power not provided by Company;
d. Election by Licensee, after requested by Company, not to release the Product for testing and repair;
e. Company’s inability to obtain access required to remedy a defect in Product or restore DDoS Defense;
f. Scheduled maintenance and emergency maintenance periods;
g. Scheduled upgrade of Product at the request of Licensee;
h. Force Majeure Event;
i. Disconnection or suspension of the Product by Company pursuant to a right provided under this Agreement;
Events Excepted From Product Credit. Notwithstanding the foregoing, Licensee shall not receive any Product Credit for any Product Outage, Product Performance Failure, failure to meet any objectives or parameters hereunder, or delay in performing repairs, arising from or caused, in whole or in part, by any of the following events:
a. Licensee’s (including its agents, contractors and vendors) acts or omissions;
b. Failure on the part of Licensee Equipment, end user equipment or Licensee’s vendor’s equipment;
c. Failure of electrical power not provided by Planet;
d. Election by Licensee, after requested by Planet, not to release the Product for testing and repair;
e. Planet’s inability to obtain access required to remedy a defect;
f. Scheduled maintenance periods;
g. Scheduled upgrade of Product at the request of Licensee;
Events Excepted From Product Credit. Notwithstanding the foregoing, Licensee shall not receive any Product Credit for any Product Outage, Product Performance Failure, or delay in performing repairs, arising from or caused, in whole or in part, by any of the following events (collectively referred to as “Excluded Events”):
a. Licensee’s (including its agents, contractors and vendors) acts or omissions;
b. Failure on the part of Licensee Equipment, Licensee provided optical fiber, Licensee’s end user equipment or Licensee’s vendor’s equipment;
c. Failure of electrical power not provided by Planet;
d. Election by Licensee, after requested by Planet, not to release the Product for testing and repair;
e. Planet’s inability to obtain access required to remedy a defect in the Product or restore DDoS Defense;
f. Scheduled maintenance and emergency maintenance periods;
g. Scheduled upgrade of Product at the request of Licensee;
h. Force Majeure Event;
i. Disconnection or suspension of the Product by Planet pursuant to a right provided under this Agreement;
j. Failure of any local access circuits provided by Licensee;
k. Planet’s inability to repair due to utility safety restrictions;
l. Unavailability of required Licensee personnel, including as a result of Licensee’s failure to provide Planet with accurate, current contact information;
m. Improper or inaccurate network specifications provided by Licensee;
n. Unavailability of required spectrum not due to the fault or negligence of Planet when fixed wireless is utilized in the provisioning of the Product;
o. Dropping of Internet traffic pursuant to Section 5.2; and/or
p. Licensee attempting to exceed maximum Bandwidth of Licensee’s port connection to Planet’s network.
