Interruption Credits Sample Clauses
Interruption Credits. Customer shall receive a credit for such periods of time as described below during which the Service fails in any material respect to meet the performance specifications described in Attachment A. Interruptions to the Service which are not due to the negligence of the Customer will be credited to Customer at the proportionate part of the monthly service charge. For purposes of computing the credit, a month is considered to have 30 days. No credit will be allowed for an interruption caused by the negligence of Customer or by failure of services, facilities or equipment not furnished by GE Americom. The length of an interruption shall be measured from the time the interruption first occurs. Credits will be computed as follows: Interruptions of 24 hours or less Length of Interruption Credit Less than 30 minutes none 30 min up to but not including 3 hrs 1/10 day 3 hrs. up to but not including 6 hrs 1/5 day 6 hrs. up to but not including 9 hrs 2/5 day 9 hrs. up to but not including 12 hrs 3/5 day 18 15 hrs. to 24 hrs one day Interruptions over 24 Hours Credit will be allowed in 1/5 day multiples for each 3 hour period of interruption or fraction thereof. No more than one day's credit will be allowed for any period of 24 hours or less.
Interruption Credits. LESSOR represents and warrants that LESSOR will provide and maintain the System during the term of this Agreement in full compliance with the applicable technical Specification.
(a) MCI shall be entitled to a credit as set forth in paragraph (b) of this Article 7 for periods in which the LESSOR falls to operate the System in accordance with the Technical Specification. LESSOR agrees to undertake immediate action to correct any Interruption to the System within two (2) hours after receiving notice from MCI that an Interrupted condition exists.
(b) MCI shall not be entitled to a credit for a Non-Catastrophic Interruption of Service that is less than thirty (30) minutes in duration. The amount of the credit owed to MCI for a Non- Catastrophic Interruption of Service thirty (30) minutes or longer shall be equal to 1/1440 of the monthly rate of charges applicable to that portion of the System which is subject to the Interruption multiplied by each one-half (1/2) hour or major fraction thereof of the length of the Interruption. If more than one Non-Catastrophic Interruption of Service occurs within a twenty-four (24) hour period, the length of all such Interruptions shall be aggregated and treated as a single Interruption for purposes of determining the availability and amount of a credit. Interruptions shall be measured from the time that the Interruption starts to the time of restoration. MCI may notify LESSOR of Interruptions by telephone, facsimile, electronic mall, courier or any such similar expedited notice mechanism. In order to facilitate such notice, an "ESCALATION LIST" of appropriate contact personnel of LESSOR and MCI is attached hereto as Exhibit C. ---------
(c) When Service provided by LESSOR includes more than one communications path, the Interruption allowance applies only to the path Interrupted.
(d) An Interruption, for purposes of this Article 7, shall be reduced by the time period during which MCI fails to accord access to any necessary MCI facilities provided by LESSOR for the purpose of investigating and clearing troubles.
(e) In the event of Interruption of local access service or any other service provided by parties other than LESSOR (other than service provided by a Third Party Provider), LESSOR shall have no liability to MCI and MCI shall continue to be liable for all payments to LESSOR.
(f) In the event of a Non-Catastrophic Interruption of Service on more than five (5) days during any thirty (30) day period and so long as such Inte...
Interruption Credits. (a) PBS's sole obligation to User in the event service is interrupted or is terminated due to any technical failure or any conduct by GEA shall be to refund that portion of the applicable Monthly Service Fee paid by User for which service was not provided. For any Interruption, PBS will give User a credit allowance as described below. A Transponder Failure does not constitute an Interruption when due to any of the following causes:
(i) The failure or non-performance of any User-provided facilities or equipment, including failures resulting from any out-of-tolerance earth station conditions;
(ii) The fault, negligent act, or failure to act of User, its employees, or agents;
(iii) Sun outages, rain fade, or externally caused interference, other than interference caused by PBS, or by its other customers, in their use of the Satellite;
(iv) The failure or unavailability of satellites, transponders, facilities, services or equipment furnished to User by any other entity which may be used in conjunction with GEA's satellites, transponders, facilities, services or equipment, or any act or omission of such other entity; or
(v) Suspensions of service made in accordance with this Agreement, unless the applicable provision of this Agreement expressly provides for granting of a credit hereunder.
(b) The duration of an Interruption is measured from the earlier of the time that PBS is notified by User of a suspected Interruption or PBS otherwise becomes aware of an Interruption, until the time the affected Transponder again meets the Specifications, or until the Service is otherwise restored on a Transponder meeting the Specifications. For the purpose of calculating the credit, a month is considered to have thirty (30) days.
(c) Credits for Interruptions in the service for each Transponder provided to User under this Agreement shall be granted as follows:
Interruption Credits