Common use of Product Outage Clause in Contracts

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.

Appears in 2 contracts

Samples: Telecommunications License Agreement, Telecommunications License Agreement

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Product Outage. Subject to this Section 78, in the event of an Product OutageOutage to any Product, Licensee may be entitled to an Product Credit as provided in accordance with the applicable Service Level Objective set forth in Section 7.3 8.2 below. An 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 Licensee Fibers are Product is 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 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.

Appears in 1 contract

Samples: Telecommunications License Agreement

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Product Outage. Subject to this Section 7, in the event of an a Product Outage, Licensee may be entitled to an a Product Credit as provided in Section 7.3 below. An A Product Outage shall be deemed to begin upon the earlier of CompanyPlanet’s actual knowledge of the Product Outage or CompanyPlanet’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 a Product Outage or failure to meet any objectives or parameters under this Supplement be deemed to be or constitute a breach by Company Planet of this Supplement, the Agreement or any Order Form.

Appears in 1 contract

Samples: Telecommunications License Agreement

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