Common use of Outage Credits Clause in Contracts

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.