Excused Outage Sample Clauses

Excused Outage. The time taken to restore a Fault is measured from the time a Fault is recorded on Our fault management system until the time We notify You that Service has been restored or in the event that We are unable to contact You, the time recorded on Our fault management system that Service has been restored.
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Excused Outage. An "Excused Outage" is an outage: (i) caused by the acts or omissions of Customer and/or its End User or agents; (ii) due to failure of power at the Customer or End User Premises; (iii) caused by the failure or malfunction of non- XCLUTEL equipment or systems, including off-net local loops; (iv) related to a Force Majeure Event; (v) during any period in which XCLUTEL is not given access to the Premises; or (vi) caused by maintenance.
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Excused Outage. Availability shall be measured only for the resources fully and directly under DCLUX’ management and control and which are required by the Colocation Services. The Customer understands and agrees therefore that DCLUX non-essential resources are expressly excluded from the scope of this SLA. (an “Excused Outage”). An Excused Outage is an outage: (a) caused by the acts or omissions of Customer and/or its End User or agents; (b) due to failure of the Customer Hardware; (c) caused by the failure or malfunction of non-DCLUX equipment or systems; (d) related to a Force Majeure Event; (e) during any period in which DCLUX is not given access to the Customer Hardware; or (f) caused by maintenance.
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Excused Outage. Availability shall be measured only for the resources fully and directly under DCLUX’ management and control and which are required by the Managed IP Services. The Customer understands and agrees therefore that DCLUX non-essential resources are expressly excluded from the scope of this SLA. (an “Excused Outage”). An Excused Outage is an outage: (a) caused by the acts or omissions of Customer and/or its End User or agents; (b) due to failure of power at the Customer or End User Premises; (c) caused by the failure or malfunction of non-DCLUX equipment or systems, including off-net local loops; (d) related to a Force Majeure Event; (e) during any period in which DCLUX is not given access to the Customer Hardware; or (f) caused by maintenance.
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Excused Outage. Any outage, unavailability, delay or other degradation of Service related to, associated with or caused by Planned System Maintenance, Customer actions or inactions, Customer provided power or equipment, any third party other than a third party directly involved in the operation and maintenance of the Seller network, including, without limitation, Customer’s end users, third party network providers, traffic exchange points controlled by third parties, or any power, equipment or services provided by third parties, or a Force Majeure Event;
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Excused Outage. Availability shall be measured only for the resources fully and directly under MIXvoip’s management and control and which are required by the MIXvoip Services. The Customer understands and agrees therefore that MIXvoip non- essential resources are expressly excluded from the scope of this SLA. (an “Excused Outage”). An Excused Outage is an outage: (a) caused by the acts or omissions of Customer and/or its End User or agents; (b) due to failure of power at the Customer or End User Premises; (c) caused by the failure or malfunction of non-MIXvoip equipment or systems; (d) related to a Force Majeure Event; or (e) caused by maintenance.
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Excused Outage. Orbital Net shall not be liable to pay Service Credits, where such failure is due to any of the following which each and all shall be an Excused Outage: • A Force Majeure event; • Scheduled or Emergency Maintenance; • Any Service-affecting fault that is not classified by Orbital Net as a loss of Service; • Failure because Customer has not provided suitable customer premise equipment or configuration to take advantage of a backup circuit that forms part of the Service availability; • Actions or inactions of the Customer and/or landlord of the building; • Works carried out by anyone other than Orbital Net; • Failure by the Customer to provide prompt assistance and information including first line checks, as requested by Orbital Net; • Any network incident that is raised by the Customer which is subject to inaccurate or incomplete information; • Failure by the Customer to respond to an enquiry from Orbital Net or any third party acting on its behalf which delays, hinders or prevents Orbital Net from performing its obligations; • Faults, delays, and failures by Orbital Net to meet any Service Levels which are caused by denial-of-service attacks; • Where the Fault is proven to be caused by the Customer; and/or the landlord of the building; • Faults which are associated with physical cable breaks or vandalism within the network. Estimated restoration of Service will be communicated to the Customer via Orbital Net; • Any problems caused by power disruption or environmental conditions at the Customer’s premises, the Customer’s router and/or associated cabling and/or any other hardware, software, materials, or services not provided by Orbital Net; • A misconfiguration or omission of a requested bolt-on configuration element; and • Any failure of the Customer premise equipment, such as routers, firewall hardware (but not any Orbital Net Equipment). For the avoidance of doubt, this does not form part of the Service availability target and no Service Credits are paid against these. Maintenance
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Related to Excused Outage

  • Forced Outages During any forced outage, the NYISO or Connecting Transmission Owner may suspend interconnection service to the Interconnection Customer to effect immediate repairs on the New York State Transmission System or the Distribution System. The NYISO shall use Reasonable Efforts to provide the Interconnection Customer with prior notice. If prior notice is not given, the NYISO shall, upon request, provide the Interconnection Customer written documentation after the fact explaining the circumstances of the disconnection.

  • Force Majeure Event After giving effect to any applicable provision, disruption fallback or remedy specified in, or pursuant to, the relevant Confirmation or elsewhere in this Agreement, by reason of force majeure or act of state occurring after a Transaction is entered into, on any day:— (1) the Office through which such party (which will be the Affected Party) makes and receives payments or deliveries with respect to such Transaction is prevented from performing any absolute or contingent obligation to make a payment or delivery in respect of such Transaction, from receiving a payment or delivery in respect of such Transaction or from complying with any other material provision of this Agreement relating to such Transaction (or would be so prevented if such payment, delivery or compliance were required on that day), or it becomes impossible or impracticable for such Office so to perform, receive or comply (or it would be impossible or impracticable for such Office so to perform, receive or comply if such payment, delivery or compliance were required on that day); or (2) such party or any Credit Support Provider of such party (which will be the Affected Party) is prevented from performing any absolute or contingent obligation to make a payment or delivery which such party or Credit Support Provider has under any Credit Support Document relating to such Transaction, from receiving a payment or delivery under such Credit Support Document or from complying with any other material provision of such Credit Support Document (or would be so prevented if such payment, delivery or compliance were required on that day), or it becomes impossible or impracticable for such party or Credit Support Provider so to perform, receive or comply (or it would be impossible or impracticable for such party or Credit Support Provider so to perform, receive or comply if such payment, delivery or compliance were required on that day), so long as the force majeure or act of state is beyond the control of such Office, such party or such Credit Support Provider, as appropriate, and such Office, party or Credit Support Provider could not, after using all reasonable efforts (which will not require such party or Credit Support Provider to incur a loss, other than immaterial, incidental expenses), overcome such prevention, impossibility or impracticability;

  • Termination due to Force Majeure 13.5.1 If the Force Majeure Event or its effects continue to be present beyond the period as specified in Article 4.5.3, either Party shall have the right to cause termination of the Agreement. In such an event, this Agreement shall terminate on the date of such Termination Notice.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

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