Product Outage. Subject to this Section 5, in the event of a Product Outage to any Product, Licensee may be entitled to a Product Credit in accordance with the applicable Availability Level Objective set forth in Section 5.2 below. A Product Outage shall be deemed to begin upon the earlier of Company’s actual knowledge of the Product Outage or Company’s receipt of notice from Licensee of the Product Outage, and end when the Product is operational and in material conformance with the applicable Specifications. Notwithstanding anything to the contrary in this Supplement, the Agreement or any Order Form, in no event shall a Product Outage, defect or failure to meet any objectives or parameters under this Supplement be deemed to be or constitute a breach by Company of this Supplement, the Agreement or any Order Form.
Product Outage. Subject to this Section 7, in the event of a Product Outage, Licensee may be entitled to a Product Credit as provided in Section 7.3 below. A Product Outage shall be deemed to begin upon the earlier of Crown Castle’s actual knowledge of the Product Outage or Crown Castle’s receipt of notice from Licensee of the Product Outage, and end when the Licensee Fibers are operational and in material conformance with the applicable Specifications. Notwithstanding anything to the contrary in this Supplement, in the Agreement or in any Order Form, in no event shall a Product Outage or failure to meet any objectives or parameters under this Supplement be deemed to be or constitute a breach by Crown Castle of this Supplement, the Agreement or any Order Form.
Product Outage. Subject to this Section 7, in the event of an Product Outage, Licensee may be entitled to an Product Credit as provided in Section 7.3 below. An Product Outage shall be deemed to begin upon the earlier of Company’s actual knowledge of the Product Outage or Company’s receipt of notice from Licensee of the Product Outage, and end when the Licensee Fibers are operational and in material conformance with the applicable Specifications. Notwithstanding anything to the contrary in this Supplement, in the Agreement or in any Order Form, in no event shall an Product Outage or failure to meet any objectives or parameters under this Supplement be deemed to be or constitute a breach by Company of this Supplement, the Agreement or any Order Form.
