Common use of Outage Credits Clause in Contracts

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, XX 0/00 XX. XXXXX, XX 8/98 SYRACUSE, NY 2/99 TAMPX, XX 0/00 XXXXX, XX 6/98 TUCSXX, XX 0/00 XXXXXXXXXX, XX 8/98 XXXX XXXX XXXXX, XX 12/98 CITY LOCATION PROJECTED IN-SERVICE DATE --------------------------------------------------------------------- BALTIMORE, MD 5/99 XX XXXX, XX 0/00 XXXXXX, XX 5/99 PHILADELPHIA, PA 5/99 SIGNATURE PAGES TO FOLLOW

Outage Credits. 6.1 Customer 5.1 USWC acknowledges the possibility of an unscheduled, continuous and/or interrupted period of time when a Service or Services are "UNAVAILABLEunavailable" (as defined in the Specifications) for a continuous period of two (2) hours (hereafter an "OUTAGEOutage"). An Outage shall begin upon recognition by Willxxxx xxxt the Service is interrupted. In the event of an Outage, Customer USWC shall be entitled to a credit (the "OUTAGE CREDITOutage Credit") at the rate of 1/720 as follows: (i) for an Outage lasting continuously for one (1) hour or less, ten percent (10%) of the monthly recurring charge (as stated on the applicable Service Order), or (ii) for the IXC portion an Outage lasting continuously more than one (1) hour, one hundred percent (100%) of the circuit for each hour in excess of monthly recurring charge (as stated on the first two (2) consecutive hours that the affected service fails to conform to the Specificationsapplicable Service Order). 6.2 Customer 5.2 USWC shall not receive an Outage Credit if the interruptions are interruptions, (a) of a duration of less than two (2) consecutive hours, (b) caused by the negligence or willful misconduct of Customer USWC or others authorized by Customer USWC to use the services under this Agreement, (cb) due to the failure of power, facilities, equipment, systems or connection not provided by SellerWillxxxx, (dx) caused by the failure of access to Seller's fiber Willxxxx' xxber optic network, except for Willxxxx' xxving pass-through credits from the access provider as available, (ed) resultant from scheduled maintenance where Customer USWC has been notified of scheduled maintenance in advance, (fe) due to a Force Majeure event as defined in Section 8.4 8.5 of the CSA. 6.3 5.3 All Outage Credits shall be credited on the next monthly invoice for the affected Service. 6.4 5.4 The Outage Credit described in this Section 6 5 of this PLSS shall be the sole and exclusive remedy of Customer USWC 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, XX 0/00 XX. XXXXX, XX 8/98 SYRACUSE, NY 2/99 TAMPX, XX 0/00 XXXXX, XX 6/98 TUCSXX, XX 0/00 XXXXXXXXXX, XX 8/98 XXXX XXXX XXXXX, XX 12/98 CITY LOCATION PROJECTED IN-SERVICE DATE --------------------------------------------------------------------- BALTIMORE, MD 5/99 XX XXXX, XX 0/00 XXXXXX, XX 5/99 PHILADELPHIA, PA 5/99 SIGNATURE PAGES TO FOLLOW

Outage Credits. 6.1 (a) Customer acknowledges the possibility of an unscheduled, continuous and/or interrupted period of time when a Network Service or Network Services are "UNAVAILABLEunavailable" (as defined in the SpecificationsTechnical Specifications attached hereto as Exhibit II) for a continuous period of two (2) hours (hereafter an "OUTAGEOutage"). An Outage shall begin upon recognition by Willxxxx xxxt the Service is interruptedearlier of Seller's actual knowledge of the Outage or Seller's receipt of notice from the Customer of the Outage. In the event of an Outage, Customer shall be entitled to a credit (the "OUTAGE CREDITOutage Credit") at upon Seller's receipt of Customer's written request for such Outage Credit, (i) for ATM or Frame Relay Service in the rate 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, or (ii) for Private Line Service in the amount of 1/720 of the monthly recurring charge for the IXC interexchange portion of the circuit Service for each hour in excess of the first two (2) consecutive hours that the affected service Service fails to conform to the Technical Specifications. 6.2 (b) In the event that Customer experiences one or more Outages on the same circuit or Service each month for a period of three consecutive months or three outages on the same circuit or Service in a given month (the "Excessive Outage"), Customer shall be entitled, in addition to the applicable Outage Credit, if any, to terminate such circuits as are affected by the Excessive Outage without liability for early termination charges stated in Section 6.1. (c) Customer shall not receive an Outage Credit if the interruptions are (ai) of a duration of less than two (2) consecutive hours, (bii) caused by the negligence or willful misconduct of Customer or others authorized by Customer to use the services Network Services under this Carrier Agreement, (ciii) due to the failure of power, facilities, equipment, systems or connection connections not provided by Seller, (div) caused by the failure of access Local Access to Seller's fiber optic network, (ev) resultant from the result of scheduled maintenance where Customer has been notified of scheduled maintenance in advance, (fvi) due to a Force Majeure event as defined in Section 8.4 8.7 of the CSAthis Carrier Agreement. 6.3 (d) All Outage Credits shall be credited on the Customer's 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 (e) Under no circumstance circumstances shall an outage Outage or an Excessive Outage be deemed a Default default under this Carrier 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, XX 0/00 XX. XXXXX, XX 8/98 SYRACUSE, NY 2/99 TAMPX, XX 0/00 XXXXX, XX 6/98 TUCSXX, XX 0/00 XXXXXXXXXX, XX 8/98 XXXX XXXX XXXXX, XX 12/98 CITY LOCATION PROJECTED IN-SERVICE DATE --------------------------------------------------------------------- BALTIMORE, MD 5/99 XX XXXX, XX 0/00 XXXXXX, XX 5/99 PHILADELPHIA, PA 5/99 SIGNATURE PAGES TO FOLLOW.

Outage Credits. 6.1 Customer (a) CTC acknowledges the possibility of an unscheduled, continuous and/or interrupted period of time when a Service or Services are provided hereunder become "UNAVAILABLEunavailable" (as defined in the Specificationstechnical specifications attached hereto as Exhibit B) for a continuous period of two (2) hours (hereafter an "OUTAGEOutage"). An The Outage shall begin upon recognition by Willxxxx xxxt the Service is interruptedearlier of Williams' actual knowledge of the Outage or Williams' recexxx xx xotice from CTC of the Outage. In the event thx xxxxx of an Outage, Customer CTC shall be entitled to a credit (the "OUTAGE CREDITOutage Credit") at for Private Line Service and Collocation Service in the rate amount of 1/720 of the monthly recurring charge for the IXC interexchange portion of the circuit Service for each hour of the Outage in excess of the first two (2) consecutive hours that the affected service Service fails to conform to the Technical Specifications. 6.2 Customer (b) CTC shall not receive an Outage Credit if the interruptions are (ai) of a duration of less than two (2) consecutive hours, (bii) directly caused by the negligence or willful misconduct of Customer CTC or others authorized by Customer CTC to use the services Services under this Agreement, (ciii) due to the failure of power, facilities, equipment, systems or connection connections not provided by Selleror under the control of Williams, (div) caused by the failure of access Local Access to Seller's Wixxxxxx' fiber optic network, or (e) resultant from scheduled maintenance where Customer has been notified of scheduled maintenance in advance, (fv) due to a Force Majeure event Majeuxx xxxxx as defined in Section 8.4 9.6 of the CSAthis Agreement. 6.3 All (c) In the event Williams in good faith objects to a request for an Outage Credits Xxxxxx xubmitted by CTC under Section 9.1(a) within thirty (30) days after Williams' receipt of such notice, then the parties shall be credited on mxxx x xxod faith effort to resolve the dispute as expeditiously as possible. If Williams does not object within such thirty (30) day periox xx xxxn Williams' waiver of such objection, then CTC may credit thx xxxxxx of such Outage Credit against CTC's next monthly invoice payment for the affected ServiceService or against other payments due hereunder if the affected Service has expired or been terminated under the terms hereof prior to CTC's application of the Outage Credit under this Subsection. If there are no further payments due hereunder for the affected Service or otherwise, then CTC shall be entitled to a refund in the amount of the Outage Credit. 6.4 The (d) Unless caused or contributed to by the intentional misconduct of Williams, the Outage Credit described in under this Section 6 of this PLSS shall be the sole and thx xxxx xnd exclusive remedy of Customer CTC in the event of any Outage, Outage and under no circumstance circumstances shall an outage Outage be deemed a Default 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, XX 0/00 XX. XXXXX, XX 8/98 SYRACUSE, NY 2/99 TAMPX, XX 0/00 XXXXX, XX 6/98 TUCSXX, XX 0/00 XXXXXXXXXX, XX 8/98 XXXX XXXX XXXXX, XX 12/98 CITY LOCATION PROJECTED IN-SERVICE DATE --------------------------------------------------------------------- BALTIMORE, MD 5/99 XX XXXX, XX 0/00 XXXXXX, XX 5/99 PHILADELPHIA, PA 5/99 SIGNATURE PAGES TO FOLLOW.

Outage Credits. 6.1 Customer (a) Purchaser acknowledges the possibility of an unscheduled, continuous and/or interrupted period of time when a Service or Services are Capacity may be "UNAVAILABLEunavailable" (as defined in the SpecificationsTechnical Specifications attached hereto as Exhibit II) for a continuous period of two (2) hours (hereafter an "OUTAGEOutage") (excluding planned maintenance outages). An Outage shall begin upon recognition by Willxxxx xxxt the Service is interruptedearlier of Grantor's actual knowledge of the Outage or Grantor's receipt of notice from the Purchaser of the Outage. In the event of an Outage, Customer Purchaser shall be entitled to a credit (the "OUTAGE CREDITOutage Credit") at upon Grantor's receipt of Purchaser's written request for such Outage Credit, (i) for ATM or Frame Relay Service in the rate 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, or (ii) for Private Line Service in the amount of 1/720 of the monthly recurring charge for the IXC interexchange portion of the circuit Service for each hour in excess of the first two (2) consecutive hours that the affected service Service fails to conform to the Technical Specifications. Credit for interruption of Off-Net Services or Local Access Services is at the discretion of such Third Party Provider. 6.2 (b) In the event that Customer experiences one or more Outages in any two (2) months of any period consisting of three (3) consecutive months (the "Excessive Outage"), Customer shall be entitled, in addition to the applicable Outage Credit, if any, to terminate such circuits as are affected by the Excessive Outage without liability for a disconnection fee or a reinstallation fee. (c) Purchaser shall not receive an Outage Credit if the interruptions are (ai) of a duration of less than two (2) consecutive hours, (bii) caused by the negligence or willful misconduct of Customer Purchaser or others authorized by Customer Purchaser to use the Capacity or services under this Agreement, (ciii) due to the failure of power, facilities, equipment, systems or connection connections not provided by SellerGrantor, (div) caused by the failure of access Local Access to SellerGrantor's fiber optic network, (ev) resultant from the result of scheduled maintenance where Customer Purchaser has been notified of scheduled maintenance in advance, (fvi) due to a Force Majeure event as defined in Section 8.4 10.6 of this Agreement, or (vii) due to an interruption of Off-Net Agreement Services or Third Party Provided Services except that Grantor will pass through the CSAproportionate credit if any it receives for such interruption of Purchases of Off-Net Agreement Services to Purchaser. Grantor agrees to request in writing any such applicable credit it is entitled to for an interruption of Off-Net Agreement Services or Third Party Provided Services. 6.3 (d) All Outage Credits shall be credited on against Purchaser's outstanding account balance first or in the event of no balance, the Outage Credit will be refunded in cash in the next monthly invoice for billing cycle when the affected Service.accrued outage credit exceeds $500.00.. 6.4 (e) The Outage Credit described and termination of a circuit for Excessive Outages as set forth in this Section 6 of this PLSS shall be the sole and exclusive remedy remedies of Customer Purchaser in the event of any Outage, Outage and under no circumstance circumstances shall an outage Outage be deemed a Default 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, XX 0/00 XX. XXXXX, XX 8/98 SYRACUSE, NY 2/99 TAMPX, XX 0/00 XXXXX, XX 6/98 TUCSXX, XX 0/00 XXXXXXXXXX, XX 8/98 XXXX XXXX XXXXX, XX 12/98 CITY LOCATION PROJECTED IN-SERVICE DATE --------------------------------------------------------------------- BALTIMORE, MD 5/99 XX XXXX, XX 0/00 XXXXXX, XX 5/99 PHILADELPHIA, PA 5/99 SIGNATURE PAGES TO FOLLOW.