Common use of Restrictions and Exclusions Clause in Contracts

Restrictions and Exclusions. An Outage will not be deemed to have occurred in the event that the Service is unavailable or impaired due to any of the following: (a) Interruptions on a Circuit that is not an “Accepted Circuit” where an Accepted Circuit is one that has been accepted or deemed accepted following provisioning of an installation order or change order; (b) Interruptions caused by the negligence, error, or omission of Customer or others authorized by Customer to use or modify Customer’s service; (c) Interruptions due to failure of power at Customer premises or failure or poor performance of Customer premises equipment; (d) Interruptions during any period in which Qwest or its agents are not afforded access to the premises where the access lines associated with Customer’s service are terminated, provided such access is reasonably necessary to prevent a degradation or to restore service; (e) Interruptions during any period when Qwest has posted on the Qwest Web site or communicated to Customer in any other manner that Customer’s service will be unavailable for maintenance or rearrangement purposes, or Customer has released the service to Qwest for the installation of a Customer service order; (f) Interruptions during any period when Customer elects not to release the Circuit for testing and/or repair and continues to use it on an impaired basis; (g) Interruptions resulting from force majeure events beyond the reasonable control of Qwest including, but not limited to, acts of God, government regulation, labor strikes, national emergency or war (declared or undeclared); (h) Interruptions resulting from Customer’s use of Service in an unauthorized or unlawful manner; (i) Interruptions resulting from a Qwest disconnect for Customer’s breach of a term set forth in the agreement pursuant to which Qwest is providing the service to Customer; (j) Interruptions resulting from incorrect, incomplete or inaccurate orders from Customer; (k) Interruptions due to improper or inaccurate network specifications provided by Customer; (l) Interruptions resulting from a failure of a carrier other than Qwest providing local access circuits except when Qwest has ordered Leased Local Access on Customer’s behalf; or (m) Special configurations of the standard Service that have been mutually agreed to by Qwest and Customer; provided, however, Qwest may provide a separate service level agreement to Customer for those special configurations.

Appears in 1 contract

Samples: Service Level Agreement

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Restrictions and Exclusions. An Outage will shall not be deemed to have occurred in the event that the Service is unavailable or impaired due to any of the following: (a) Interruptions on a Circuit circuit that is not an “Accepted Circuit” where an Accepted Circuit is one that has been accepted or deemed accepted following provisioning of an installation order or change order; (b) Interruptions caused by the negligence, error, error or omission of Customer or others authorized by Customer to use or modify Customer’s serviceService; (c) Interruptions due to failure of power at Customer premises or failure or poor performance of Customer premises premise equipment; (d) Interruptions during any period in which Qwest CenturyLink or its agents are not afforded access to the premises where the access lines associated with Customer’s service Service are terminated, provided such access is reasonably necessary to prevent a degradation or to restore serviceService; (e) Interruptions during any period when Qwest CenturyLink has posted on the Qwest CenturyLink Web site or communicated to Customer in any other manner that Customer’s service will be unavailable for maintenance or rearrangement purposes, or Customer has released the service Service to Qwest CenturyLink for the installation of a Customer customer service order; (f) Interruptions during any period when Customer elects not to release the Circuit circuit for testing and/or repair and continues to use it on an impaired basis; (g) Interruptions resulting from force majeure events beyond the reasonable control of Qwest CenturyLink including, but not limited to, acts of God, government regulation, labor strikes, national emergency or war (declared or undeclared); (h) Interruptions resulting from Customer’s use of Service in an unauthorized or unlawful manner; (i) Interruptions resulting from a Qwest CenturyLink disconnect for Customer’s breach of a term set forth in the agreement pursuant to which Qwest CenturyLink is providing the service to Customer; (j) Interruptions resulting from incorrect, incomplete or inaccurate orders from Customer; (k) Interruptions due to improper or inaccurate network specifications provided by Customer; (l) Interruptions resulting from a failure of a carrier other than Qwest CenturyLink providing local access circuits except when Qwest CenturyLink has ordered Leased Local Access Off-Net Circuits on Customer’s behalf; or (m) Special configurations of the standard Service that have been mutually agreed to by Qwest CenturyLink and Customer; provided, however, Qwest CenturyLink may provide a separate service level agreement to Customer for those special configurations.

Appears in 1 contract

Samples: Service Level Agreement

Restrictions and Exclusions. An Outage will shall not be deemed to have occurred in the event that the Service is unavailable or impaired due to any of the following: (a) Interruptions on a Circuit that is not an “Accepted Circuit” where an Accepted Circuit is one that has been accepted or deemed accepted Qwest and Customer have tested and mutually agree is working as ordered following provisioning of an installation order or change order; (b) Interruptions caused by the negligence, error, error or omission of Customer or others authorized by Customer to use or modify Customer’s service; (c) Interruptions due to failure of power at Customer premises or failure or poor performance of Customer premises premise equipment; (d) Interruptions during any period in which Qwest or its agents are not afforded access to the premises where the access lines associated with Customer’s service are terminated, provided such access is reasonably necessary to prevent a degradation or to restore service; (e) Interruptions during any period when Qwest has posted on the Qwest Web site or communicated to Customer in any other manner that Customer’s service will be unavailable for maintenance or rearrangement purposes, or Customer has released the service to Qwest for the installation of a Customer customer service order; (f) Interruptions during any period when Customer elects not to release the Circuit for testing and/or repair and continues to use it on an impaired basis; (g) Interruptions resulting from force majeure events beyond the reasonable control of Qwest including, but not limited to, acts of God, government regulation, labor strikes, national emergency or war (declared or undeclared); (h) Interruptions resulting from Customer’s use of Service in an unauthorized or unlawful manner; (i) Interruptions resulting from a Qwest disconnect for Customer’s breach of a term set forth in the agreement pursuant to which Qwest is providing the service to Customer; (j) Interruptions resulting from incorrect, incomplete or inaccurate orders from Customer; (k) Interruptions due to improper or inaccurate network specifications provided by Customer; (l) Interruptions resulting from a failure of a carrier other than Qwest providing local access circuits except when Qwest has ordered Leased Local Access on Customer’s behalfcircuits; or (m) Special configurations of the standard Service that have been mutually agreed to by Qwest and Customer; provided, however, Qwest may provide a separate service level agreement to Customer for those special configurations.

Appears in 1 contract

Samples: Service Level Agreement

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Restrictions and Exclusions. An Outage will shall not be deemed to have occurred in the event that the Service On-Net Circuit is unavailable or impaired due to any of the following: (a) Interruptions on a an On-Net Circuit that is not an "Accepted Circuit" where an Accepted Circuit is one that has been accepted or deemed accepted Qwest and Customer have tested and mutually agree is working as ordered following provisioning of an installation order or change order; (b) Interruptions caused by the negligence, error, error or omission of Customer or others authorized by Customer to use or modify Customer’s 's service; (c) Interruptions due to failure of power at Customer premises or failure or poor performance of Customer premises premise equipment; (d) Interruptions during any period in which Qwest or its agents are not afforded access to the premises where the access lines associated with Customer’s 's service are terminated, provided such access is reasonably necessary to prevent a degradation or to restore service; (e) Interruptions during any period when Qwest has posted on the Qwest Web site or communicated to Customer in any other manner that Customer’s 's service will be unavailable for maintenance Scheduled Maintenance or rearrangement purposes, or Customer has released the service to Qwest for the installation of a Customer service orderService Order; (f) Interruptions during any period when Customer elects not to release the Circuit for testing and/or repair and continues to use it on an impaired basis; (g) Interruptions resulting from force majeure events beyond the reasonable control of Qwest including, but not limited to, acts of God, government regulation, labor strikes, national emergency or war (declared or undeclared)Force Majeure Events; (h) Interruptions resulting from Customer’s 's use of Local Access Service in an unauthorized or unlawful manner; (i) Interruptions resulting from a Qwest disconnect for Customer’s 's breach of a term set forth in the agreement pursuant to which Qwest is providing the service Local Access Service to Customer; (j) Interruptions resulting from incorrect, incomplete or inaccurate orders from Customer (including without limitation Customer's oversubscription of circuits); (k) Interruptions due to improper or inaccurate network specifications provided by Customer; (l) Interruptions resulting from a failure of a carrier other than Qwest providing local access circuits except when Qwest has ordered Leased Local Access on Customer’s behalf; or (m) Special configurations of the standard Local Access Service that have been mutually agreed to by Qwest and Customer; provided, however, Qwest may provide a separate service level agreement to Customer for those special configurations.

Appears in 1 contract

Samples: Wholesale Services Agreement (Vistula Communications Services Inc)

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