Common use of Ineligible for CSG Protection Clause in Contracts

Ineligible for CSG Protection. ‌ The Customer is not eligible for CSG compensation protection from OptiComm under paragraph 8.5 if: (a) the payment of Primary Damages was in connection with a matter within the Customer’s own control, including (but not limited to) call features such as call waiting, calling line identification, 3-way conference, call forwarding; (b) an exemption from compliance with a performance standard as set out in the CSG applies; (c) OptiComm has made a reasonable offer of an interim or alternative service that the Customer (on behalf of its End-user) did not accept; (d) the Customer (on behalf of its End-user) accepted an offer of an interim or alternative service; (e) the End-user has not cooperated with OptiComm or its agents and denied access to the End-user’s premises; (f) the contravention of the CSG is due to the incompatibility or failure of the End-user’s equipment or internal wiring; (g) non-compliance of the Standard is due to other circumstances beyond the control of OptiComm, such as to acts or omissions of a third party, the Customer, the End-user or a Force Majeure event; (h) delays are due to the need for OptiComm to comply with the Law; or (i) the End-user has agreed to waive their rights in respect of a failure to comply with the CSG.

Ineligible for CSG Protection. ‌ The Customer is not eligible for CSG compensation protection from OptiComm under paragraph 8.5 if: (a) the payment of Primary Damages was in connection with a matter within the Customer’s own control, including (but not limited to) call features such as call waiting, calling line identification, 3-way conference, call forwarding; (b) an exemption from compliance with a performance standard as set out in the CSG applies; (c) OptiComm has made a reasonable offer of an interim or alternative service that the Customer (on behalf of its End-user) did not accept; (d) the Customer (on behalf of its End-user) accepted an offer of an interim or alternative service; (e) the End-user has not cooperated with OptiComm or its agents and denied access to the End-user’s premises; (f) the contravention of the CSG is due to the incompatibility or failure of the End-user’s equipment or internal wiring; (g) non-compliance of the Standard is due to other circumstances beyond the control of OptiComm, such as to acts or omissions of a third party, the Customer, the End-user or a Force Majeure event; (h) delays are due to the need for OptiComm to comply with the Law; or (i) the End-user has agreed to waive their rights in respect of a failure to comply with the CSG.

Ineligible for CSG Protection. ‌ The Customer is not eligible for CSG compensation protection from OptiComm CommSol Holdings under paragraph 8.5 24.5(e) if: (ai) the payment of Primary Damages was in connection with a matter within the Customer’s own control, including (but not limited to) call features such as call waiting, calling line identification, 3-way conference, call forwarding; (bii) an exemption from compliance with a performance standard as set out in the CSG applies; (ciii) OptiComm CommSol Holdings has made a reasonable offer of an interim or alternative service that the Customer (on behalf of its End-user) did not accept; (div) the Customer (on behalf of its End-user) accepted an offer of an interim or alternative service; (ev) the End-user has not cooperated with OptiComm CommSol Holdings or its agents and denied access to the End-user’s premises; (fvi) the contravention of the CSG is due to the incompatibility or failure of the End-End- user’s equipment or internal wiring; (gvii) non-compliance of the Standard is due to other circumstances beyond the control of OptiCommCommSol Holdings, such as to acts or omissions of a third party, the Customer, the End-user or a Force Majeure event; (hviii) delays are due to the need for OptiComm CommSol Holdings to comply with the Law; or (iix) the End-user has agreed to waive their rights in respect of a failure to comply with the CSG.

Ineligible for CSG Protection. ‌ The Customer is not eligible for CSG compensation protection from OptiComm Commsco under paragraph 8.5 if: (a) the payment of Primary Damages was in connection with a matter within the Customer’s own control, including (but not limited to) call features such as call waiting, calling line identification, 3-way conference, call forwarding; (b) an exemption from compliance with a performance standard as set out in the CSG applies; (c) OptiComm Commsco has made a reasonable offer of an interim or alternative service that the Customer (on behalf of its End-user) did not accept; (d) the Customer (on behalf of its End-user) accepted an offer of an interim or alternative service; (e) the End-user has not cooperated with OptiComm Commsco or its agents and denied access to the End-user’s premises; (f) the contravention of the CSG is due to the incompatibility or failure of the End-user’s equipment or internal wiring; (g) non-compliance of the Standard is due to other circumstances beyond the control of OptiCommCommsco, such as to acts or omissions of a third party, the Customer, the End-user or a Force Majeure event; (h) delays are due to the need for OptiComm Commsco to comply with the Law; or (i) the End-user has agreed to waive their rights in respect of a failure to comply with the CSG.