Outage Credits Clause Samples
The Outage Credits clause establishes a mechanism for compensating customers when a service experiences downtime or outages beyond agreed-upon thresholds. Typically, this clause outlines the conditions under which credits are issued, such as the duration and frequency of outages, and specifies how the credits are calculated—often as a percentage of monthly fees or service charges. Its core practical function is to incentivize service providers to maintain high availability and to provide customers with a form of financial remedy for service interruptions, thereby allocating risk and ensuring accountability.
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Outage Credits. 6.1 Customer acknowledges the possibility of an unscheduled, continuous and/or interrupted period of time when a Service or Services are "UNAVAILABLE" (as defined in the Specifications) for a continuous period of two (2) hours (hereafter an "OUTAGE"). An Outage shall begin upon recognition by Will▇▇▇▇ ▇▇▇t the Service is interrupted. In the event of an Outage, Customer shall be entitled to a credit (the "OUTAGE CREDIT") at the rate of 1/720 of the monthly recurring charge for the IXC portion of the circuit for each hour in excess of the first two (2) consecutive hours that the affected service fails to conform to the Specifications.
6.2 Customer shall not receive an Outage Credit if the interruptions are (a) of a duration of less than two (2) consecutive hours, (b) caused by the negligence or willful misconduct of Customer or others authorized by Customer to use the services under this Agreement, (c) due to the failure of power, facilities, equipment, systems or connection not provided by Seller, (d) caused by the failure of access to Seller's fiber optic network, (e) resultant from scheduled maintenance where Customer has been notified of scheduled maintenance in advance, (f) due to a Force Majeure event as defined in Section 8.4 of the CSA.
6.3 All Outage Credits shall be credited on the next monthly invoice for the affected Service.
6.4 The Outage Credit described in this Section 6 of this PLSS shall be the sole and exclusive remedy of Customer in the event of any Outage, and under no circumstance shall an outage be deemed a Default under this Agreement. VILLIAM'S 3/18/98 SCHEDULE C TIER 1 CITY LIST (TO BE UPDATED AS NEEDED) CITY LOCATION PROJECTED IN-SERVICE DATE ---------------------------------------------------------------------- ALBANY, NY 12/98 ATLANTA, GA 8/98 BATO▇ ▇▇▇▇▇, ▇▇ ▇▇/▇▇ ▇▇▇▇▇, ▇▇ 3/99 BIRMINGHAM, AL 10/98 BUFF▇▇▇, ▇▇ ▇▇/▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ 10/98 CHICAGO, IL 6/98 CINC▇▇▇▇▇▇, ▇▇ ▇/▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ 9/98 COLO▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇/▇▇ ▇▇▇▇▇▇▇▇, ▇▇ 3/99 DALLAS, TX 6/98 DAYTON, OH 2/99 DAYT▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇/▇▇ ▇▇. ▇▇▇▇▇▇▇▇▇▇, ▇▇ 12/98 FORT MEYE▇▇, ▇▇ 4/99 GREE▇▇▇▇▇▇, ▇▇ ▇/▇▇ ▇▇▇▇▇▇▇, ▇▇ 10/98 INDIANAPOLIS, IN 8/98 JACK▇▇▇, ▇▇ ▇▇/▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ 12/98 KANSAS CITY, MO 10/98 LAS VEGAS, NV 8/98 LAS ANGELES, CA 8/98 MACON, GA 1/99 MELB▇▇▇▇▇, ▇▇ ▇▇/▇▇ ▇▇▇▇▇, ▇▇ 12/98 NEW ▇▇▇▇▇▇▇, ▇▇ ▇▇/▇▇ ▇▇▇ ▇▇▇▇, ▇▇ 10/98 OKLAHOMA CITY, OK 11/98 ORLA▇▇▇, ▇▇ ▇/▇▇ ▇▇▇▇▇▇▇, ▇▇ 1/99 PORT▇▇▇▇, ▇▇ ▇/▇▇ ▇▇▇▇▇▇▇, ▇▇ 9/98 RICH▇▇▇▇, ▇▇ ▇▇/▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ 12/98 SPAR▇▇▇▇▇▇▇, ...
Outage Credits. Upon the occurrence of each Separate/Independent Interruption of Landlord’s Essential Services, Tenant shall be entitled to an Outage Credit in the amount set forth opposite the duration of such Interruption of Landlord’s Essential Services in Table 2.A.(1)-A and 2.A.(1)-B, below, as applicable:
Outage Credits. In the event of the occurrence of outages in portions of DBS Services, as generally described in Exhibit I, HCG is required to provide certain credits to NRTC pursuant to the HCG Agreement, to be applied toward fees for future services. NRTC shall make all such credits provided by HCG available to Member on a prorated basis in consideration of the amount of such credits and the number of Members entitled to receive a proration of such credits.
Outage Credits. 6.1 An Outage for fixed satellite services is defined as a complete loss of the ability to originate or receive voice or data communications causing the service availability to fall below 99.5% in any twelve (12) month period.
6.2 Subject to Clause 6.3 below and unless otherwise stated in a Quote, a pro rata credit allowance ("Outage Credit") will be given to CUSTOMER for the total Outage period(s) during any given consecutive twelve (12) month period, not including the period permitted under the service availability commitment (e.g. for a service availability commitment of 99.5% in any given twelve (12) month period, Outages totaling 0.5% would not be subject to an Outage Credit).
6.3 For telephone and data circuit services, GDS will pass through to the CUSTOMER the service availability that it receives from its suppliers, if any. In the event of failure or degradation of a telephone or data circuit services service, GDS will pass through and credit CUSTOMER's account with a rebate equal to the rebate that GDS receives from its suppliers, if any.
6.4 An Outage Credit, if any, will be applied against the charges payable to GDS and will be expressly indicated on the final invoice to CUSTOMER of the calendar year in which Outage Credit applies, for the period of the Outage, or prorated portion thereof, after written request to GDS.
6.5 No other liability may in any event attach to GDS on account of interruption or failure to provide Services. All Outage Credit(s) will be treated as liquidated damages and not as penalties. Outage Credit(s) do not apply to Outages, (i) caused by Force Majeure, (ii) caused by the negligence of CUSTOMER or others authorized by CUSTOMER when using Services or Products, (iii) caused by power failures or similar occurrences, such as perforation activity, not provided by or attributable to GDS, (iv) occurring during periods when CUSTOMER has elected not to allow for testing or repair, (v) caused by rain fade, solar outages or flares, extreme weather, or damage to satellites, or (vi) caused by the failure of equipment or facilities not provided by GDS.
Outage Credits. 4.1 Customer acknowledges the possibility of an unscheduled, continuous and/or interrupted period of time when a Service or Services are "UNAVAILABLE" (as defined in the Specifications) for a continuous period of two (2) hours (hereafter an "OUTAGE"). An Outage shall begin upon recognition by Will▇▇▇▇ ▇▇▇t the Service is interrupted. In the event of an Outage, Customer shall be entitled to a credit (the "OUTAGE CREDIT") in the amount of ten percent (10%) of the monthly Port, PVC and/or usage charges (as stated on the applicable Service Order) regardless of the length of such Outage.
4.2 Customer shall not receive an Outage Credit if the interruptions are (a) of a duration of less than tw?? *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. consecutive hours, (b) caused by the negligence or willful misconduct of Customer or others authorized by Customer to use the services under this Agreement, (c) due to the failure of power, facilities, equipment, systems or connection not provided by Seller, (d) caused by the failure of access to Seller's fiber optic network, (e) resultant from scheduled maintenance where Customer has been notified of scheduled maintenance in advance, (f) due to a Force Majeure event as defined in Section 8.5 of the CSA.
4.3 All Outage Credits shall be credited on the next monthly invoice for the affected Service.
4.4 The Outage Credit described in this Section 4 of this ATMSS shall be the sole and exclusive remedy of Customer in the event of any Outage, and under no circumstance shall an outage be deemed a Default under this Agreement.
Outage Credits. 5.1 Purchaser acknowledges the possibility of an unscheduled, continuous and/or interrupted period of time when a Service or Services are "UNAVAILABLE" (as defined in the Specifications) for a continuous period of two (2) hours (hereafter an "OUTAGE"). An Outage shall begin upon recognition by Grantor or notice from Purchaser that the Service is interrupted. In the event of an Outage, Purchaser shall be entitled to a credit (the "OUTAGE CREDIT") at the rate of 1/720 of the monthly recurring charge for the IXC portion of the circuit for each hour in excess of the first two (2) consecutive hours that the affected service fails to conform to the Specifications.
5.2 Purchaser shall not receive an Outage Credit if the interruptions are (a) of a duration of less than two (2) consecutive hours, (b) caused by the negligence or willful misconduct of Purchaser or others authorized by Purchaser to use the services under this Agreement, (c) due to the failure of power, facilities, equipment, systems or connection not provided by Seller, (d) caused by the failure of access to Seller's fiber optic network, (e) resultant from scheduled maintenance where Purchaser has been notified of scheduled maintenance in advance, (f) due to a Force Majeure event as defined in Section 8.4
Outage Credits. Customer acknowledges the possibility of an unscheduled period of time during which ▇▇▇▇▇▇▇▇ PLQoS Service fails to conform to the Technical Specifications below ("Outage"). An Outage shall begin upon the earlier of ▇▇▇▇▇▇▇▇' actual knowledge of the Outage or ▇▇▇▇▇▇▇▇' receipt of Customer's notice of such Outage. The Customer shall also provide ▇▇▇▇▇▇▇▇ a written request for the Outage Credit reasonably identifying the Outage. Such request shall indicate the Technical Specification to which Customer claims the Service has failed to conform and shall include supporting documentation evidencing that the Service has failed to comply with the applicable Technical Specifications. In the event of an Outage, Customer shall be entitled to a credit ("Outage Credit") pursuant to this Schedule upon ▇▇▇▇▇▇▇▇' receipt of Customer's written request for such Outage Credit. The amount of the Outage Credit for ▇▇▇▇▇▇▇▇' PLQoS Service will be an amount equal to the Outage Credit percentages, set forth in Table A.5a and A.5b below, of the monthly recurring charges for the affected circuit(s) (as stated on the applicable Service Order) when ▇▇▇▇▇▇▇▇ Service does not conform to the Technical Specifications on a monthly basis. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Bronze PLQoS is offered only as a ▇▇▇▇▇▇▇▇' Service objective and therefore Customer will not receive Outage Credits for the Bronze PLQoS service level. If the ▇▇▇▇▇▇▇▇ PLQoS Service fails to conform for the next consecutive month to the same Technical Specifications as in the prior month, the Customer shall be entitled to receive the next percentage level of the Outage Credits for the affected circuits. After any month in which a specific variable of the Technical Specifications for the Service is corrected from its prior non-conformance, the Outage Credit percentage for that specific variable will be reset at month one (1). Outage Credits shall never exceed 100.00% of the monthly recurring charge ("MRC") for a circuit. If in any month the ▇▇▇▇▇▇▇▇ Service fails to conform to the Technical Specifications of Network Availability and one of the other Technical Specifications, Customer shall be awarded the higher Outage Credit amount.
a. Network Availability. EXAMPLE 1: Assumption: Customer purchases Platinum PLQoS. If, in the first (1st) month, the average Availability of all Platinu...
Outage Credits. Supplier shall give Customer a credit in accordance with its then-current outage policy for periods in which any Circuit loses continuity and fails to comply with applicable specifications. Such credit shall be Customer's sole remedy with respect to such an event; provided, however, that no such credits shall be allowed and Supplier shall not be liable for any Service defect from causes outside its control, including accidents, cable cuts, fires, floods, emergencies, government regulation (provided that Supplier uses best efforts to prevent such government regulation, wherever possible), wars, or acts of God. SUPPLIER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES RELATING TO SERVICE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER HAS NOT RELIED ON ANY REPRESENTATION NOT SET FORTH HEREIN. CUSTOMER SHALL INDEMNIFY SUPPLIER FROM ANY CLAIMS MADE BY ANY CUSTOMER OF CUSTOMER.
Outage Credits. (2) Upon the occurrence of each Loss of Redundancy that occurs for at least one hundred sixty eight (168) consecutive hours (i.e., seven (7) full twenty-four (24) hour periods), Tenant shall be entitled to one-half (1/2) of an Outage Credit (each, a “Partial Outage Credit”) as set forth opposite the duration of such Loss of Redundancy in Table 2.A.(2), below:
Outage Credits. The Outage Credit defined herein is your sole and exclusive remedy for any failure, interruption or degradation of the Service. You acknowledge the possibility of an unscheduled, continuous and/or interrupted period of time during which the Service may not conform to the Service Level Objective defined above an (“Outage”). In the event of an Outage, you will be entitled to a credit (“Outage Credit”), applied to your next monthly invoice, upon request. When Service does not conform to the Service Level Objective, the amount of the Outage Credit will be set forth in the Table below and is credited in a percentage of the monthly Service Fee for the affected Hosted Network Service: 30 secs – 30 mins 1 day 31 mins – 59 mins 3 days 1 hrs – 1 hrs 59 mins 5 days 2 hrs – 3 hrs 59 mins 7 days 4 hrs – 7 hrs 59 mins 14 days 8 hrs – 13 hrs 59 mins 20 days 24 hrs or more 30 days Service disruptions or outages will be accumulated over the course of a billing period and will be subject to the maximum credit shown above. The number of minutes of separate and discrete Outages will be cumulated to determine the percentage of credit.