Common use of Exceptions to Outage Allowance Clause in Contracts

Exceptions to Outage Allowance. In no case shall an Outage Allowance be ------------------------------- made for any Interruption that is a result of, or attributable in whole or in part to: (a) Any failure on the part of Customer to perform its material or operational obligations pursuant to this Agreement; (b) The failure of Customer's Signal provided by Customer or by carriers other than Xxxxxxxx; (c) The failure of transmission lines, equipment, or other facilities provided by the Customer; (d) The failure or nonperformance of any earth station not provided by Xxxxxxxx; (e) Reasonable periodic maintenance as approved in advance by Customer, provided Xxxxxxxx provides Customer with 72 hours advance notice of such maintenance and cumulative maintenance time does not exceed two (2) hours per calendar month; (f) Interference from third party transmission or usage; (g) Cooperative testing; (h) Sun transit outage or rain fade; or (i) Any other act or failure to act by Customer.

Appears in 2 contracts

Samples: Teleport Services Agreement (Ibeam Broadcasting Corp), Teleport Services Agreement (Ibeam Broadcasting Corp)

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Exceptions to Outage Allowance. In no case shall an Outage Allowance be ------------------------------- made for any Interruption that is a result of, or attributable in whole or in part to: (a) Any failure on the part of Customer to perform its material or operational obligations pursuant to this Agreement; (b) The failure of Customer's Signal provided by Customer or by carriers other than XxxxxxxxWilliams; (c) The failure of transmission lines, equipment, or other xx xxxxr facilities provided by the Customer; (d) The failure or nonperformance of any earth station not provided by XxxxxxxxWilliams; (e) Reasonable periodic maintenance as approved in advance ix xxxxxxe by Customer, provided Xxxxxxxx Williams provides Customer with 72 hours advance notice of such xxxx maintenance and cumulative maintenance time does not exceed two (2) hours per calendar month; (f) Interference from third party transmission or usage; (g) Cooperative testing; (h) Sun transit outage or rain fade; or (i) Any other act or failure to act by Customer.

Appears in 1 contract

Samples: Teleport Services Agreement (Ibeam Broadcasting Corp)

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