Remedies for Missed Guaranteed Install Interval (“GII. For every day past the Guaranteed Install Interval that the circuit is not delivered to CTS, Contractor will credit five percent (5%) of the total circuit MRC for that circuit for each day until the Service is delivered to CTS. Credits awarded under this section shall not exceed one month of the MRCs unless the install interval takes more than one month. The Parties acknowledge and agree that, because of the unique nature of the Services contemplated by this SOW, it is difficult or impossible to determine with precision the specific amount of damages that might be incurred by CTS or any CTS User as a result of a failure of Contractor to meet the Service Level Agreements. It is further understood and agreed by the Parties that CTS shall be damaged by such failure of Contractor to meet the Guaranteed Install Interval and that any remedies that become payable under this section are not penalties, are fair and reasonable under the circumstances, and that such payments represent a reasonable estimate of fair compensation. In the event the Contractor is awarded multiple sites in a Response and subsquent SOW and does not deliver the sites as required by the specific Guaranteed Install Interval for any of the sites, the Contractor will waive TLA on all the circuits within the CTS Procurement Document inclusive of those that were installed timely. In the event Contractor misses the Guaranteed Install Interval for one or multiple circuits on a SOW by more than forty (40) days, it will be ineligible to participate in future or in progress CTS Procurements until CTS receives Service at the site in question. The resultant loss of status will be escalated to the CTS Chief Legal Services Officer, the Network Services Division Assistant Director, and the supervisor of the sales staff involved as stated in the Master Services Agreement. Where Contractor has missed the GII for one or multiple circuits on a SOW by more than forty (40) days and is ineligible to participate in MSA procurements, but CTS receives service during an active procurement on or before the RFQ Contractor Bid Response Deadline, CTS will evaluate the Contractor’s RFQ Response, if submitted by the RFQ Contractor Response Deadline, found in Section 2 of the current applicable Procurement document. Where Contractor is eligible to participate in MSA procurements at the time of the Contractor Bid Response deadline, but becomes ineligible during RFQ evaluations due to missed GII by more than forty (40) days, t...
