Common use of Events Excepted From Product Credit Clause in Contracts

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, 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 End User equipment or Licensee’s vendor’s equipment; c. Failure of electrical power not provided by Crown CastleCompany; d. Election by Licensee, after requested by Crown CastleCompany, not to release the Licensee Fibers for testing and repair; e. Crown CastleCompany’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 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, 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 Product 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 restrictionsdefect; f. Scheduled maintenance periods; g. Scheduled upgrade of the 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; and/or j. 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 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 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 Product 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 restrictionsdefect; f. Scheduled maintenance periods; g. Scheduled upgrade of the 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; and/or j. Crown Castle’s inability to repair due to utility safety restrictions.