Major Outage. If three (3) times during the term of the Agreement, the Fiber Service to the Customer experiences a Network Availability outage that falls below the 99.99% agreement, other than as a result of the causes set forth in Section 3.4 above, Customer may terminate this Agreement without charge or payment of any termination charges otherwise provided in the Agreement; provided Customer complies with the notification process described in this Section 3.5. Within thirty (30) days of the occurrence of the third Major Outage, Customer shall notify Vyve in writing of its election to terminate the Agreement and the Agreement shall terminate upon Vyve's receipt of such notice. If Customer fails to notify Vyve within thirty (30) days of the third Major Outage of its intent to terminate, then Customer shall be deemed to have waived its right to terminate the Agreement under this Section 3.5 until the occurrence of a subsequent Major Outage, if any. Upon termination under this Section 3.5, neither party shall have any further rights, obligations, or liabilities to the other party, except Customer obligations that accrued through the termination date, and those obligations that expressly survive termination of the Agreement.
Major Outage. A “Major Outage” is defined as no DIRECTV service being available within at least 5 Inhabitable Units or at all Inhabitable Units in the Operator-Acquired Property such that all DIRECTV receivers either in the 5 Inhabitable Units or at the Operator-Acquired Property are searching for satellite. If a Major Outage is reported (this can be reported either by the Operator-Acquired Property representative or deemed reported if 5 or more individual subscriber service calls are received by DIRECTV from a single Operator-Acquired Property within 60 minutes) during the business hours of 8:00 am – 6:30 pm (local time), Operator will log the Major Outage report and the local Operator office will contact the Operator-Acquired Property representative (or individual reporters) within two (2) hours of the Major Outage report to schedule an on-site visit or other repair procedure, and the Major Outage shall be resolved within 24 hours of the Major Outage being reported, including Sundays and holidays. If a Major Outage is reported outside the business hours of 8 a.m. – 6:30 p.m. (local time), Operator will log the outage report and the local Operator office will contact the Operator-Acquired Property representative (or individual reporters) the following morning by 9 am (local time) to schedule an on-site visit or other repair procedure, and the Major Outage shall be resolved within 24 hours of the Major Outage being reported, including Sundays and holidays.
