Common use of Service Interruptions; Force Majeure Clause in Contracts

Service Interruptions; Force Majeure. (a) I agree that Wave Broadband has no liability for delays in or interruption to my Services, except that if for reasons within Wave Broadband’s reasonable control, for more than twenty-four (24) consecutive hours, (i) service on all cable channels is interrupted, (ii) there is a complete failure of the HSD Service or (iii) there is a complete failure of the VoIP Service, Wave Broadband shall give me a prorated credit for the period of such interruption or failure if I request one within 30 days of the interruption or failure. Notwithstanding the above, Wave Broadband shall issue credits for VOD, pay-per-view and pay-per-play events for service problems where a credit request is made within 30 days of the interruption or failure. In no event will Wave Broadband be required to credit me an amount in excess of applicable service fees. Wave Broadband shall make any such credit on the next practicable xxxx for my Services. State and local law or regulation may impose other outage credit requirements with respect to some or all of my Services. In such event, the relevant law or regulation will control. (b) I acknowledge that Wave Broadband may conduct maintenance from time to time that may result in interruptions of my Services. (c) The Wave Broadband Parties will have no liability, except for the credit as set forth in section 9(a), for interruption of the Services due to circumstances beyond its reasonable control, including acts of God, flood, natural disaster, vandalism, terrorism, regulation or governmental acts, fire, civil disturbance, electrical power outage, computer viruses or worms, strike or weather. (d) Wave Broadband is only obligated to provide the above-referenced credits for loss of HSD Service if Wave Broadband is billing me for the HSD Service at the time of the outage. If my ISP or OLP is billing me, I will look solely to my ISP or OLP, as applicable, for a credit with respect to the HSD Service.

Service Interruptions; Force Majeure. (a) I agree that Wave Broadband ACC has no liability for delays in or interruption to my Services, except that if for reasons within Wave Broadband’s ACC's reasonable control, for more than twenty-four (24) consecutive hours, (i) service on all cable video channels is interruptedinterrupted or substantially impaired for three (3) hours or more during any twenty-four (24) hour period; or if the loss of service or impairment is for twenty-four (24) hours or longer, (ii) there is a complete failure of the HSD Service or (iii) there is a complete failure of the VoIP Advanced Phone Service, Wave Broadband shall ACC will give me a prorated credit for the period of such interruption or failure if I request one within 30 days of the interruption or failure. Notwithstanding the above, Wave Broadband shall ACC will issue credits for VOD, pay-per-view and pay-per-play events for service problems where a credit request is made within 30 days of the interruption or failure. ACC will not credit a customer for any loss of service or impairment caused by the customer’s owned equipment. In no event will Wave Broadband shall ACC be required to credit me an amount in excess of applicable service fees. Wave Broadband shall ACC will make any such credit on the next practicable xxxx bill for my Services. State and local law or regulation may impose other outage credit requirements with respect to some or all of my Services. In such event, the relevant law or regulation will control. (b) I acknowledge that Wave Broadband ACC may conduct maintenance from time to time that may result in interruptions of my Services. (c) The Wave Broadband ACC Parties will shall have no liability, except for the credit as set forth in section 9(aSection 8(a), for interruption of the Services due to circumstances beyond its reasonable control, including acts of God, flood, natural disaster, customer owned equipment, vandalism, terrorism, regulation or governmental acts, fire, civil disturbance, electrical power outage, computer viruses or worms, strike or weather. (d) Wave Broadband is only obligated to provide the above-referenced credits for loss of HSD Service if Wave Broadband is billing me for the HSD Service at the time of the outage. If my ISP or OLP is billing me, I will look solely to my ISP or OLP, as applicable, for a credit with respect to the HSD Service.

Service Interruptions; Force Majeure. (a) I agree that Wave Broadband BLUE STREAM has no liability for delays in or interruption to my Services, except that if for reasons within Wave BroadbandBLUE STREAM’s reasonable control, for more than twenty-four (24) consecutive hours, (i) service on all cable video channels is interruptedinterrupted or substantially impaired for three (3) hours or more during any twenty-four (24) hour period; or if the loss of service or impairment is for twenty-four (24) hours or longer, (ii) there is a complete failure of the HSD HSI Service or (iii) there is a complete failure of the VoIP Blue Stream Phone Service, Wave Broadband shall BLUE STREAM will give me a prorated credit for the period of such interruption or failure if I request one within 30 thirty (30) days of the interruption or failure. Notwithstanding the above, Wave Broadband shall BLUE STREAM will issue credits for VOD, pay-per-view and pay-pay- per-play events for service problems where a credit request is made within 30 thirty (30) days of the interruption or failure. BLUE STREAM will not credit a customer for any loss of Services or impairment caused by the customer’s owned equipment. In no event will Wave Broadband shall BLUE STREAM be required to credit me an amount in excess of applicable service fees. Wave Broadband shall BLUE STREAM will make any such credit on the next practicable xxxx for my Services. State and local law or regulation may impose other outage credit requirements with respect to some or all of my Services. In such event, the relevant law or regulation will control. (b) I acknowledge that Wave Broadband BLUE STREAM may conduct maintenance from time to time that may result in interruptions of my Services. (c) The Wave Broadband BLUE STREAM Parties will shall have no liability, except for the credit as set forth in section 9(aSection 8(a), for interruption of the Services due to circumstances beyond its reasonable control, including acts of God, flood, natural disaster, customer owned equipment, vandalism, terrorism, regulation or governmental acts, fire, civil disturbance, electrical power outage, computer viruses or worms, strike or weather. (d) Wave Broadband is only obligated to provide the above-referenced credits for loss of HSD Service if Wave Broadband is billing me for the HSD Service at the time of the outage. If my ISP or OLP is billing me, I will look solely to my ISP or OLP, as applicable, for a credit with respect to the HSD Service.

Service Interruptions; Force Majeure. (a) I agree that Wave Broadband VBCS has no liability for delays in or interruption to my ServicesServices except that, except that if for reasons within Wave BroadbandVBCS’s reasonable control, for more than twenty-four (24) consecutive hours, (i) service on all cable channels is interrupted, (ii) there is a complete failure of the HSD Service or (iii) there is a complete failure of the VoIP Digital Phone Service, Wave Broadband shall VBCS will give me a prorated credit for the period of such interruption or failure if I request one within 30 days of the interruption or failure. Notwithstanding the above, Wave Broadband shall VBCS will issue credits for VOD, pay-per-view and pay-per-play events for service problems where a credit request is made within 30 days of the interruption or failure. In no event will Wave Broadband shall VBCS be required to credit me an amount in excess of applicable service fees. Wave Broadband shall VBCS will make any such credit on the next practicable xxxx bill for my Services. State and local law or regulation may impose other outage credit requirements with respect to some or all of my Services. In such event, the relevant law or regulation will control. (b) I acknowledge that Wave Broadband VBCS may conduct maintenance from time to time that may result in interruptions of my Services. (c) The Wave Broadband VBCS Parties will shall have no liability, except for the credit as set forth in section 9(aSection 8(a), for interruption of the Services due to circumstances beyond its reasonable control, including acts of God, flood, natural disaster, vandalism, terrorism, regulation or governmental acts, fire, civil disturbance, electrical power outage, computer viruses or worms, strike or weather. (d) Wave Broadband VBCS is only obligated to provide the above-referenced credits for loss of HSD Service Services if Wave Broadband VBCS is billing me for the HSD relevant Service at the time of the outage. If a third party, including my ISP or OLP OLP, is billing me, I will look solely to my ISP or OLP, as applicable, such third party for a credit with respect to the HSD that Service.

Service Interruptions; Force Majeure. (a) I agree that Wave Broadband Connections has no liability for delays in or interruption to my Services, except that if for reasons within Wave Broadband’s Connections' reasonable control, for more than twenty-four (24) consecutive hours, (i) service on all cable channels is interrupted, (ii) there is a complete failure of the HSD Service or (iii) there is a complete failure of the VoIP Local Phone Service, Wave Broadband shall Connections will give me a prorated credit for the period of such interruption or failure if I request one within 30 days of the interruption or failure. Notwithstanding the above, Wave Broadband shall Connections will issue credits for VOD, pay-per-view and pay-per-play events for service problems where a credit request is made within 30 days of the interruption or failure. In no event will Wave Broadband shall Connections be required to credit me an amount in excess of applicable service fees. Wave Broadband shall Connections will make any such credit on the next practicable xxxx for my Services. State and local law or regulation may impose other outage credit requirements with respect to some or all of my Services. In such event, the relevant law or regulation will control. (b) I acknowledge that Wave Broadband Connections may conduct maintenance from time to time that may result in interruptions of my Services. (c) The Wave Broadband Connections Parties will shall have no liability, except for the credit as set forth in section 9(aSection 8(a), for interruption of the Services due to circumstances beyond its reasonable control, including acts of God, flood, natural disaster, vandalism, terrorism, regulation or governmental acts, fire, civil disturbance, electrical power outage, computer viruses or worms, strike or weather. (d) Wave Broadband Connections is only obligated to provide the above-referenced credits for loss of HSD Service if Wave Broadband Connections is billing me for the HSD Service at the time of the outage. If my ISP or OLP is billing me, I will look solely to my ISP or OLP, as applicable, for a credit with respect to the HSD Service.

Service Interruptions; Force Majeure. (a) I agree that Wave Broadband MBC has no liability for delays in in, or interruption to to, my Services, except that if those for reasons within Wave BroadbandMBC’s reasonable control, for more than twelve (12) consecutive hours in any twenty-four (24) consecutive hours, period or seventy-two (72) hours in any thirty (30) day period related to (i) complete service interruptions on all cable channels is interruptedVideo Services resulting in the failure to deliver all video programming related to the billable tier of service or programming, or (ii) there is a complete failure of service interruptions in the HSD Service resulting in no internet access from MBC to me. MBC is not obligated to provide me credit for degradations in Services resulting in channel outages in a portion of my Video Services or (iii) there degradation in the speed of my HSD Service. Where a credit is a complete failure of the VoIP Servicedue to me, Wave Broadband shall MBC will give me a prorated credit for the period of such interruption or failure if I request one within 30 days of the interruption or failure. Notwithstanding the above, Wave Broadband shall issue credits for VOD, pay-per-view and pay-per-play events for service problems where a credit request is made within 30 thirty (30) days of the interruption or failure. In no event will Wave Broadband shall MBC be required to credit me an amount in excess of the applicable service Service fees. Wave Broadband shall MBC will make any such credit on the next practicable xxxx bill for my Services. State and local law or regulation may impose other outage credit requirements with respect to some or all of my Services. In such event, the relevant law or regulation will control. (b) I acknowledge MBC shall not be obligated to issue any credit that Wave Broadband may conduct maintenance from time is caused by a failure of any equipment except MBC Equipment limited to time the terms of this Subscriber Agreement. If the restoration of the interrupted Services requires access to my residence, no credit will be given to me if MBC was denied access to my residence between the hours of 0900 to 1700 on normal, non-holiday, work days, provided that may result in interruptions of MBC gave reasonable advance notice to me when, within a three- hour window, MBC would be present at my Servicesresidence to provide service. (c) The Wave Broadband Parties will For purposes of calculating the duration of the interruption of Services, said period shall begin when MBC receives notice from me that my Services have been interrupted in their entirety or when MBC has actual or constructive notice of said interruption, whichever is earlier, and shall cease when the Services have been restored to me. (d) MBC shall have no liability, except for the credit as set forth in section 9(a), liability for interruption of the Services due to circumstances beyond its reasonable control, including acts of God, floodacts of war, windstorm, flooding, earthquake, other natural disasterdisasters, vandalism, terrorism, regulation or governmental acts, fire, civil disturbance, electrical power outageoutages, computer viruses or worms, strike strike, or other weather-related issues. (d) Wave Broadband is only obligated to provide the above-referenced credits for loss of HSD Service if Wave Broadband is billing me for the HSD Service at the time of the outage. If my ISP or OLP is billing me, I will look solely to my ISP or OLP, as applicable, for a credit with respect to the HSD Service.

Service Interruptions; Force Majeure. (a) I agree that Wave Broadband XXXX.XXXX has no liability for delays in or interruption to my Services, except that if for reasons within Wave BroadbandXXXX.XXXX ’s reasonable control, for more than twenty-four (24) consecutive hours, (i) service on all cable channels circuits is interrupted, (ii) there is a complete failure of the HSD Service or (iii) there is a complete failure of the VoIP Service, Wave Broadband XXXX.XXXX shall give me a prorated credit for the period of such interruption or failure if I request one within 30 days of the interruption or failure. Notwithstanding the above, Wave Broadband shall issue credits for VOD, pay-per-view and pay-per-play events for service problems where a credit request is made within 30 days of the interruption or failure. In no event will Wave Broadband XXXX.XXXX be required to credit me an amount in excess of applicable service fees. Wave Broadband XXXX.XXXX shall make any such credit on the next practicable xxxx for my Services. State and local law or regulation may impose other outage credit requirements with respect to some or all of my Services. In such event, the relevant law or regulation will control. (b) I acknowledge that Wave Broadband XXXX.XXXX may conduct maintenance from time to time that may result in interruptions of my Services. (c) The Wave Broadband XXXX.XXXX Parties will have no liability, except for the credit as set forth in section 9(a), for interruption of the Services due to circumstances beyond its reasonable control, including acts of God, flood, natural disaster, vandalism, terrorism, regulation or governmental acts, fire, civil disturbance, electrical power outage, computer viruses or worms, strike or weather. (d) Wave Broadband XXXX.XXXX is only obligated to provide the above-referenced credits for loss of HSD Service if Wave Broadband XXXX.XXXX is billing me for the HSD Service at the time of the outage. If my ISP or OLP is billing me, I will look solely to my ISP or OLP, as applicable, for a credit with respect to the HSD Service.

Service Interruptions; Force Majeure. (a) I agree that Wave Broadband HiPer Networks has no liability for delays in or interruption to my Services, except that if for reasons within Wave Broadband’s HiPer Networks’ reasonable control, for more than twenty-four (24) consecutive hours, (i) service on all cable channels is interrupted, (ii) there is a complete failure of the HSD Service or (iii) there is a complete failure of the VoIP Service, Wave Broadband HiPer Networks shall give me a prorated credit for the period of such interruption or failure if I request one within 30 days of the interruption or failure. Notwithstanding the above, Wave Broadband HiPer Networks shall issue credits for VOD, pay-per-view and pay-per-play events for service problems where a credit request is made within 30 days of the interruption or failure. In no event will Wave Broadband HiPer Networks be required to credit me an amount in excess of applicable service fees. Wave Broadband HiPer Networks shall make any such credit on the next practicable xxxx bill for my Services. State and local law or regulation may impose other outage credit requirements with respect to some or all of my Services. In such event, the relevant law or regulation will control. (b) I acknowledge that Wave Broadband HiPer Networks may conduct maintenance from time to time that may result in interruptions of my Services. (c) The Wave Broadband HiPer Networks Parties will have no liability, except for the credit as set forth in section 9(a), for interruption of the Services due to circumstances beyond its reasonable control, including acts of God, flood, natural disaster, vandalism, terrorism, regulation or governmental acts, fire, civil disturbance, electrical power outage, computer viruses or worms, strike strike, or weather. (d) Wave Broadband HiPer Networks is only obligated to provide the above-referenced credits for loss of HSD Service if Wave Broadband HiPer Networks is billing me for the HSD Service at the time of the outage. If my ISP or OLP is billing me, I will look solely to my ISP or OLP, as applicable, for a credit with respect to the HSD Service.

Service Interruptions; Force Majeure. (a) I agree that Wave Gold Coast Broadband has no liability for delays in or interruption to my Services, except that if for reasons within Wave Gold Coast Broadband’s reasonable control, for more than twenty-four (24) consecutive hours, (i) service on all cable channels is interrupted, (ii) there is a complete failure of the HSD Service or (iii) there is a complete failure of the VoIP Service, Wave Gold Coast Broadband shall will give me a prorated credit for the period of such interruption or failure if I request one within 30 days of the interruption or failure. Notwithstanding the above, Wave Gold Coast Broadband shall will issue credits for VOD, pay-per-view and pay-per-play events for service problems where a credit request is made within 30 days of the interruption or failure. In no event will Wave shall Gold Coast Broadband be required to credit me an amount in excess of applicable service fees. Wave Gold Coast Broadband shall will make any such credit on the next practicable xxxx for my Services. State and local law or regulation may impose other outage credit requirements with respect to some or all of my Services. In such event, the relevant law or regulation will control. (b) I acknowledge that Wave Gold Coast Broadband may conduct maintenance from time to time that may result in interruptions of my Services. (c) The Wave Gold Coast Broadband Parties will shall have no liability, except for the credit as set forth in section Section 9(a), for interruption of the Services due to circumstances beyond its reasonable control, including acts of God, flood, natural disaster, vandalism, terrorism, regulation or governmental acts, fire, civil disturbance, electrical power outage, computer viruses or worms, strike or weather. (d) Wave Gold Coast Broadband is only obligated to provide the above-referenced credits for loss of HSD Service if Wave Gold Coast Broadband is billing me for the HSD Service at the time of the outage. If my ISP or OLP is billing me, I will look solely to my ISP or OLP, as applicable, for a credit with respect to the HSD Service.