Common use of Remedy for Failure Clause in Contracts

Remedy for Failure. If either Excess Packet Loss or Latency occurs and it stems from a source within the Network and not from the Customer or beyond the Network, and if AboveNet fails to correct the Excess Packet Loss or Latency after using its commercially reasonable efforts for a period of twenty four (24) hours after the onset of such Excess Packet Loss or Latency, then AboveNet will credit Customer's account the pro-rata Bandwidth Fees (as set forth in the applicable Order Form) for the continuous duration of such Excess Packet Loss or Latency; provided that all such credits will not exceed an aggregate maximum credit of Bandwidth Fees otherwise due from Customer for one (1) calendar month for failures in any one (1) calendar month.

Remedy for Failure. If either Excess Packet Loss or Latency occurs and it stems from a source within the Network and not from the Customer or beyond the Network, and if AboveNet fails to correct the Excess Packet Loss or Latency after using its commercially reasonable efforts for a period of twenty four (24) hours after the onset of such Excess Packet Loss or Latency, then AboveNet will credit Customer's account the pro-rata Bandwidth Bandwith Fees (as set forth in the applicable Order Form) for the continuous duration of such Excess Packet Loss or Latency; , provided that all such credits will not exceed an aggregate maximum credit of Bandwidth Bandwith Fees otherwise due from Customer for one (1) calendar month for failures in any one (1) calendar month.

Remedy for Failure. If either Excess Packet Loss or Latency occurs and it stems from a source within the Network and not from the Customer or beyond the Network, and if AboveNet fails to correct the Excess Packet Loss or Latency after using its commercially reasonable efforts for a period of twenty twenty-four (24) hours after the onset of such Excess Packet Loss or Latency, then AboveNet will credit Customer's account the pro-rata Bandwidth Fees (as set forth in the applicable Order Form) for the continuous duration of such Excess Packet Loss or Latency; provided that all such credits will not exceed an aggregate maximum credit of Bandwidth Fees otherwise due from Customer for one (1) calendar month for failures in any one (1) calendar month.