Common use of Particular Circumstances Clause in Contracts

Particular Circumstances. For a Service failure that cannot be remedied by applying Sections 17.2 or 17.3, Customer will be given a credit based on the particular circumstances surrounding a failure. To receive credit for a Service failure, which under no circumstance will exceed an amount equal to the lesser of five hundred dollars ($500) or the actual damages suffered by Customer as the proximate result of the failure, Customer must notify the Company in writing and furnish information about the failure, including the particular problem experienced and the approximate time and length of the service failure. A Customer receiving credit under this subsection shall not be eligible to receive any other credit as a result of the Service failure.