Common use of Outage Restoral Clause in Contracts

Outage Restoral. Except as agreed otherwise, ART shall set goals of, and exercise reasonable efforts to achieve: dispatch of field service personnel within thirty (30) minutes and Service restoral within four (4) hours or less; provided that Purchaser expressly acknowledges that it is not possible for the Services to be restored within four (4) hours in all instances and that it shall not be a breach of this Agreement for Outages to exceed four (4) hours by any amount, except that, as its sole remedy, Purchaser shall be entitled to a credit of one (1) month's Service for all Outages within a given month for a given Circuit if the total Outages exceed four (4) hours. The Outage credit under this Section 6.3.1. is in lieu of and not cumulative with the Outage credits pursuant to Section 12.2. If ART responds to an Outage report by Purchaser and no such Outage exists, then Purchaser shall not be entitled to an Outage Credit and shall be responsible for all costs and charges for the response to the service call at ART's then-current standard hourly rates.

Appears in 2 contracts

Samples: Master Service Agreement (Advanced Radio Telecom Corp), Master Service Agreement (Advanced Radio Telecom Corp)

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Outage Restoral. Except as agreed otherwise, ART shall set goals of, and exercise reasonable efforts to achieve: dispatch of field service personnel within thirty (30) minutes and Service restoral within four (4) hours or less; provided that Purchaser expressly acknowledges that it is not possible for the Services to be restored within four (4) hours in all instances and that it shall not be a breach of this Agreement for Outages to exceed four (4) hours by any amount, except that, as its sole remedy, Purchaser shall be entitled to a credit of one (1) month's Service for all Outages within a given month for a given Circuit if the total Outages exceed four (4) hours. The Outage credit under this Section 6.3.16.4.1. is in lieu of and not cumulative with the Outage credits pursuant to Section 12.211.2. If ART determines that the cause for an Outage is not within the control of ART or if ART responds to an Outage report by Purchaser and no such Outage exists, then Purchaser shall not be entitled to an Outage Credit and shall be responsible for all costs and charges for the response to the service call at ART's then-current standard hourly rates.

Appears in 1 contract

Samples: Master Service Agreement (Advanced Radio Telecom Corp)

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Outage Restoral. Except as agreed otherwise, ART shall set goals of, of and exercise reasonable efforts to achieve: achieve dispatch of field service personnel within thirty (30) minutes and Service restoral within four (4) hours or less; , provided that Purchaser expressly acknowledges that it is not possible for the Services to be restored within four (4) hours in all instances and that it shall not be a breach of this Agreement for Outages to exceed four (4) hours by any amount, except that, as its sole remedy, Purchaser shall be entitled to a credit of one (1) month's Service for all Outages within a given month for a given Circuit if the total Outages exceed four (4) hours. The Outage credit under this Section 6.3.1. is in lieu of and not cumulative with the Outage credits pursuant to Section 12.2. If ART determines that the cause for an Outage is not within the control of ART or if ART responds to an Outage report by Purchaser and no such Outage exists, then Purchaser shall not be entitled to an Outage Credit and shall be responsible for all costs and charges for the response to the service call at ART's then-ARTs then current standard hourly rates.

Appears in 1 contract

Samples: Master Service Agreement (Advanced Radio Telecom Corp)

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