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 Willxxxx xxxt 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 BATOX XXXXX, XX 00/00 XXXXX, XX 3/99 BIRMINGHAM, AL 10/98 BUFFXXX, XX 00/00 XXXXXXXXX, XX 10/98 CHICAGO, IL 6/98 CINCXXXXXX, XX 0/00 XXXXXXXXX, XX 9/98 COLOXXXX XXXXXXX, XX 00/00 XXXXXXXX, XX 3/99 DALLAS, TX 6/98 DAYTON, OH 2/99 DAYTXXX XXXXX, XX 00/00 XX. XXXXXXXXXX, XX 12/98 FORT MEYEXX, XX 4/99 GREEXXXXXX, XX 0/00 XXXXXXX, XX 10/98 INDIANAPOLIS, IN 8/98 JACKXXX, XX 00/00 XXXXXXXXXXXX, XX 12/98 KANSAS CITY, MO 10/98 LAS VEGAS, NV 8/98 LAS ANGELES, CA 8/98 MACON, GA 1/99 MELBXXXXX, XX 00/00 XXXXX, XX 12/98 NEW XXXXXXX, XX 00/00 XXX XXXX, XX 10/98 OKLAHOMA CITY, OK 11/98 ORLAXXX, XX 0/00 XXXXXXX, XX 1/99 PORTXXXX, XX 0/00 XXXXXXX, XX 9/98 RICHXXXX, XX 00/00 XXXXXXXXX, XX 12/98 SPARXXXXXXX, ...
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. 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. 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, 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. 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 Willxxxx xxxt 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. 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 Client acknowledges the possibility of an unscheduled, continuous and/or interrupted period of time when a Service(s) are "unavailable" as defined in the Technical Specifications (hereafter an "OUTAGE"). If an Outage occurs, Client shall be entitled to a credit (the "OUTAGE CREDIT") determined according to the following formula: Outage Credit = (Hours of Outage - 2 hours) x Total Monthly Recurring Charge of Affected Service DIVIDED BY 720
6.2 The Outage Credit shall apply to the Monthly Recurring Charges for the Service affected by an Outage; provided, however, that the Outage Credit shall not apply to any portion of the affected Service which remains used or useable by Client between any intermediate terminals (where Client has installed drop and insert capability) or end terminals. The length of each Outage shall be calculated in hours and shall include fractional portions thereof. An Outage shall be deemed to have commenced upon the earlier of: (A) verification of the Outage by Seller, or (B) when indicated by network control information actually known to Seller network personnel. Each Outage shall terminate upon restoration of the affected Service as evidenced by appropriate network tests by Seller. Seller shall notify Client of any scheduled outage as early as is practicable, and scheduled outages shall not be viewed as an Outage hereunder.
6.3 Outage Credits shall not be granted if the Outage is caused by or occurring in (A) any Service(s) or Interconnection Facilities not provided by Seller; (B) any Client Defaults; or (C) the facilities or equipment of Client, end-users of Client or any other third party.
6.4 All Outage Credits shall be credited on the next monthly invoice for the affected Service after Seller receives Client's request for credit. The total of all Outage Credits applicable to or accruing in any given month shall not exceed the monthly recurring charge for such Service for that same month.
6.5 Outage Credits shall be the sole and exclusive remedy of Client in the event of any Outage, and under no circumstance shall an Outage be deemed a Default under this Agreement.
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. A customer who experiences network outage in excess of the Service Availability stated in Clause 4 above, may receive Outage Credits for the Confirmed Outage(s), which shall be calculated on a pro-rata basis as stated herein based on the Monthly Service Fee but limited to 30% of the Monthly Service Fee paid by the Customer. Provided Always that the Outage Credits stated above, shall only be applicable for Confirmed Outage that continues for a consecutive period of at least sixty (60) minutes in each occurrence, and falling below the Service Availability stated in Clause 4 above. The Outage Credits per hour shall be calculated by dividing the Monthly Service Fee paid by the Customer by seven hundred twenty (720) hours. The Outage Credits will be applied by Xxxxxx Xxxxx in the following month to the qualified customer with exclusion to the Disqualified Xxxxxxxx stated in Clause 7 below.
