Common use of Quality; Availability of Service(s) Clause in Contracts

Quality; Availability of Service(s). 7.1.1 Fyber provides the Service(s) in accordance with the recognized state of the art and the care of a prudent service provider. 7.1.2 If Fyber cannot supply the Service(s) to Supply Partner for reasons beyond the control of Fyber (“Non-availability of Service”), Fyber will inform Supply Partner without undue delay, at the same time indicating – if possible – when Fyber will be able to continue the supply of the Service(s). If the Non-availability of Service has continued for two (2) weeks, Fyber may terminate the Agreement upon written notice to Supply Partner with immediate effect. It is also deemed a case of Non availability of Service within the meaning of the above sentence in case the timely provision of the Service(s) is prevented through force majeure, i.e., events which cannot be reasonably foreseen and averted by taking reasonable precautions by Fyber, such as war, acts of terrorism, internal unrest, forces of nature, sabotage, and attacks by third parties, strikes in areas for the functioning of which Fyber is not responsible and failure of communications networks or systems of a third party for which Fyber is not responsible (this also applies when such a case of force majeure occurs at one of Fyber’s subcontractors or suppliers). Statutory rights of termination of each party in the case of such Non-availability of Service remain unaffected.

Quality; Availability of Service(s). 7.1.1 Fyber provides the Service(s) in accordance with the recognized state of the art and the care of a prudent service provider. 7.1.2 If Fyber cannot supply the Service(s) to Supply Demand Partner for reasons beyond the control of Fyber (“Non-availability of Service”), Fyber will inform Supply Demand Partner without undue delay, at the same time indicating – if possible – when Fyber will be able to continue the supply of the Service(s). If the Non-availability of Service has continued for two (2) weeks, Fyber may terminate the Agreement upon written notice to Supply Demand Partner with immediate effect. It is also deemed a case of Non availability of Service within the meaning of the above sentence in case the timely provision of the Service(s) is prevented through force majeure, i.e., events which cannot be reasonably foreseen and averted by taking reasonable precautions by Fyber, such as war, acts of terrorism, internal unrest, forces of nature, sabotage, and attacks by third parties, strikes in areas for the functioning of which Fyber is not responsible and failure of communications networks or systems of a third party for which Fyber is not responsible (this also applies when such a case of force majeure occurs at one of Fyber’s subcontractors or suppliers). Statutory rights of termination of each party Party in the case of such Non-availability of Service remain unaffected.