Network Unavailability. Each of the parties acknowledges that ---------------------- the Internet network or any of the networks or equipment referred to herein may be unavailable periodically for the purposes of maintenance and/or upgrades. Each of the parties further acknowledges that periodic service outages, known as "brownouts," may occur in connection with the network. Each of the parties shall use all reasonable efforts to minimize any such interruptions and brownouts with respect to equipment or other aspects of the network and network infrastructure which it controls. Each party agrees to hold the other party harmless of any and all losses arising to such party and/or any third parties as a result of "brownouts," service interruptions and server unavailability. Notwithstanding the foregoing, in the event that either Net2Phone or IDT suffers a "brownout" from the equipment or rights of access referenced in this Section 1 for any reason, IDT or Net2Phone, as the case may be, shall use reasonable commercial efforts to obtain a rebate or other concession from any third party which may have responsibility for such unavailability. In case either party receives any such rebate or concession, such party shall share any such rebate or concession with the other in a manner reflecting the relative loss of usage incurred by each of Net2Phone and IDT.
Network Unavailability. The performance objective for the MIS Site Availability/Time to Restore SLA is for the MIS Site Availability to be 100%. If FWC does not meet this performance objective in any given calendar month, Client will be eligible for an MIS Site Availability/Time to Restore SLA credit for each Outage equal to the product of Client’s total discounted Covered MIS Monthly Charges for the affected MIS Ports by a percentage based on the duration of (Time to Restore) the Outage, as set forth in the MIS Site Availability/Time to Restore SLA Credit Table below (“Service Credit”). Network Unavailability shall be deemed to begin upon the earlier of FWC’s actual knowledge of the Network Unavailability or FWC’s receipt of notice from Client of the Network Unavailability, and end when the Service is operational such that the Service is again able to transmit and receive packets to/from the Network and Access Port or Ports, as documented by FWC’s records. Network unavailability does not apply to outages due to a power failure; due to failure of Client’s local network; due to the failure or malfunction of non-FWC services, equipment, facilities, or systems; due to circumstances or causes (i.e. force majeure or act of God) beyond the control of FWC or its agents; caused in whole or in part by the negligence or acts or omissions of Client or its end users or its agents; or due to the failure or malfunction of services, equipment, facilities, or systems outside the FWC network past the point of minimum point of entry at the Client’s site. Where Client provides its own local access circuits, any periods of Network Unavailability caused by failure of such local access circuits shall be further excluded from any calculation of Network Unavailability. Notwithstanding anything to the contrary in this SLA, in the Agreement or in any SOW, in no event shall any Network Unavailability or failure to meet any objectives or parameters under this SLA be deemed to be or constitute a breach by FWC of this SLA, the Agreement or any SOW.
Network Unavailability. Subject to this Section 5, in the event of Network Unavailability to any Internet Service, Customer may be entitled to a credit (a “Service Credit”) in accordance with the applicable Service Level Objective set forth below in this Section 5.1. Network Unavailability shall be deemed to begin upon the earlier of Provider’s actual knowledge of the Network Unavailability or Provider’s receipt of notice from Customer of the Network Unavailability, and end when the Service is operational such that the Service is again able to transmit and receive packets to/from the IP Core Network and Access Port or Ports, as documented by Provider’s records. Where Customer provides its own local access circuits, any periods of Network Unavailability caused by failure of such local access circuits shall be excluded from any calculation of Network Unavailability. Notwithstanding anything to the contrary in this Supplement, in the Agreement or in any Service Order, in no event shall any Network Unavailability or failure to meet any objectives or parameters under this Supplement be deemed to be or constitute a breach by Provider of this Supplement, the Agreement or any Service Order. Duration of Network Unavailability Service Credit Up to 45 Minutes No credit > 45 Minutes to Four Hours 10% of applicable MRC > Four Hours to Eight Hours 20% of applicable MRC > Eight Hours to Twelve Hours 40% of applicable MRC > Twelve Hours to Twenty-Four Hours 50% of applicable MRC > Twenty-Four Hours 100% of applicable MRC
Network Unavailability. Each of the parties acknowledges ---------------------- that the Internet network or any of the networks or equipment referred to herein may be unavailable periodically for the purposes of maintenance and/or upgrades. Each of the parties further acknowledges that periodic service outages, known as "brownouts," may occur in connection with the server. Each of the parties shall use all reasonable efforts to minimize any such interruptions and brownouts with respect to equipment or other aspects of the network and network infrastructure which it controls. Each party agrees to hold the other party harmless of any and all losses arising to such party and/or any third parties as a result of "brownouts," service interruptions and server unavailability. Each of the parties acknowledges that data stored on the Internet Network may be lost due to accidents or unforeseen circumstances. Each of the parties agrees to make daily backup copies of its own data stored on the Internet Network.
