Exception for SeaChange System Sample Clauses

Exception for SeaChange System. Other Causes of Service ------------------------------------------------------- Interruptions. The parties acknowledge and agree that the SeaChange System which ------------- 4MC is currently attempting to implement as part of the New Services is new and untested technology; therefore, TVN shall not be entitled to any Service Interruption Credit due to Service Interruptions caused by or involving the SeaChange System or the Alternate Server System, until the parties agree that a fully operative digital server system has been implemented. In addition, TVN shall not be entitled to any Service Interruption Credit nor to terminate this Agreement in the event of a Continuous Service Failure if (a) there has been a significant server system upgrade requested by TVN or required by the manufacturer and such Service Interruption or Continuous Service Failure occurs as a result of such significant server system upgrade during the ninety (90)-day period following the implementation of such significant system upgrade, or (b) if there has been a manufacturer's software upgrade or any other upgrade other than an upgrade described in subparagraph (a) of this Section 12.4 and such Service Interruption or Continuous Service Failure occurs as a result of the manufacturer's software upgrade or such other upgrade during the thirty (30) day period following the implementation of such upgrade. TVN shall be entitled to terminate this Agreement in the event of a Continuous Service Failure caused by the failure of such digital server system, if such Continuous Service Failure occurs at any time after the Actual Commencement Date, subject to the terms of the prior sentence. In addition, TVN shall have no right to Service Interruption Credits and/or termination of this Agreement if a Service Interruption or a Continuous Service Failure is caused by TVN's actions or omissions to act where such actions or omissions are required hereunder, or by any equipment provided by TVN, or any equipment or material provided by third parties who have contracted with TVN, and were not provided by 4MC. TVN shall have no right to Service Interruption Credits and/or termination of this Agreement, nor shall 4MC be deemed in default hereunder, if a Service Interruption and/or a Continuous Service Failure is caused by the failure of any equipment or other property provided by TVN to 4MC under this Agreement, including the equipment set forth on Exhibit "K", as well as the satellite receivers and any othe...
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Related to Exception for SeaChange System

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