Events Excepted from Service Credit Sample Clauses
The 'Events Excepted From Service Credit' clause defines specific circumstances under which service credits—typically compensation or credits given for service failures—will not be granted. This clause usually lists events such as force majeure incidents, scheduled maintenance, or customer-caused issues that are excluded from the calculation of service credits. By clearly outlining these exceptions, the clause ensures that the service provider is not unfairly penalized for disruptions beyond their control, thereby allocating risk more equitably between the parties.
Events Excepted from Service Credit. Notwithstanding the foregoing, Customer shall not receive any Service Credit for any Service 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. Customer’s (including its agents, contractors and vendors) acts or omissions;
b. Failure on the part of Customer Equipment, Customer provided optical fiber, End User equipment or Customer’s vendor’s equipment;
c. Failure of electrical power not provided by Provider;
d. Election by ▇▇▇▇▇▇▇▇, after requested by Provider, not to release the Service for testing and repair;
e. Provider’s inability to obtain access required to remedy a defect in Service, including lack of access due to utility safety restrictions;
f. Scheduled maintenance periods;
g. Scheduled upgrade of Service at the request of Customer;
h. Force Majeure Event; or
i. Disconnection or suspension of the Service by Provider pursuant to a right provided under this Agreement.
Events Excepted from Service Credit. Notwithstanding the foregoing, Subscribing Entity shall not receive any Service Credit for any Service 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:
9.6.1 Subscribing Entity’s (including its agents, contractors and vendors) negligence, intentional act, omission, default and/or failure to cooperate with Service Provider in addressing any reported Service problems, including failing to take any remedial action in relation to a Service as recommended by Service Provider within 30 days after receipt of such recommendation, or otherwise preventing Service Provider from doing so;
9.6.2 Failure on the part of Subscribing Entity Equipment, End User equipment or Subscribing Entity’s vendor’s equipment;
9.6.3 Failure of electrical power not provided by Service Provider;
9.6.4 Election by Subscribing Entity, after requested by Service Provider, not to release the Service for testing and repair;
9.6.5 Service Provider’s inability to obtain access required to remedy a Defect in Service;
9.6.6 Scheduled maintenance and emergency maintenance periods;
9.6.7 Scheduled upgrade of Service at the request of Subscribing Entity;
Events Excepted from Service Credit. Notwithstanding the foregoing, Customer shall not receive any Service 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. Customer’s (including its agents, contractors and vendors) negligence, intentional act, omission, default and/or failure to cooperate with Provider in addressing any reported Service problems, including failing to take any remedial action in relation to a Service as recommended by Provider, or otherwise preventing Provider from doing so;
b. Failure on the part of Customer Equipment, Customer provided optical fiber, End User equipment or Customer’s vendor’s equipment;
c. Failure of electrical power not provided by Provider;
d. Election by ▇▇▇▇▇▇▇▇, after requested by Provider, not to release the Service 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 Customer;
h. Force Majeure Event;
i. Disconnection or suspension of the Service by Provider pursuant to a right provided under this Agreement; and/or
j. Provider’s inability to repair due to utility safety restrictions.