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 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 OutageFailure, 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.