Common use of Service Level Warranty Clause in Contracts

Service Level Warranty. In the event that Customer experiences any of the service performance issues defined in this Section 5.2 as a result of Exodus' failure to provide bandwidth or facility services, Exodus will, upon Customer's request in accordance with paragraph 5.2(d) below, credit Customer's account as described below (the "Service Xxxxx Xxxxxxxx"). Xxx Xxxxxxx Xxxxx Xxxxxxxx shall not apply to any services other than bandwidth and facility services, and, shall not apply to performance issues (i) caused by factors outside of Exodus' reasonable control; (ii) that resulted from any actions or inactions of Customer or any third parties; or (iii) that resulted from Customer's equipment and/or third party equipment (not within the sole control of Exodus).

Appears in 7 contracts

Samples: Master Services Agreement (Thehealthchannel Com Inc), Master Services Agreement (Thehealthchannel Com Inc), Master Services Agreement (C Me Run Corp)

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Service Level Warranty. In the event that Customer experiences any of the service performance issues defined in this Section 5.2 as a result of Exodus' failure to provide bandwidth or facility services, Exodus will, upon Customer's request in accordance with paragraph 5.2(d) below, credit Customer's account as described below (the "Service Xxxxx Levex Xxxxxxxx"). Xxx Xxxxxxx Xxxxx Xxxxxxxx shall xxxll not apply to any services other than bandwidth and facility services, and, shall not apply to performance issues (i) caused by factors outside of Exodus' reasonable control; (ii) that resulted from any actions or inactions of Customer or any third parties; or (iii) that resulted from Customer's equipment and/or third party equipment (not within the sole control of Exodus).

Appears in 5 contracts

Samples: Master Services Agreement (Crosswalk Com), Master Services Agreement (Esat Inc), Master Services Agreement (Freerealtime Com Inc)

Service Level Warranty. In the event that Customer experiences any of the service performance issues defined in this Section 5.2 as a result of Exodus' , failure to provide bandwidth or facility services, Exodus will, upon Customer's ’s request in accordance with paragraph 5.2(d) below, credit Customer's ’s account as described below (the "Service Xxxxx Xxxxxxxx"Level Warranty”). Xxx Xxxxxxx Xxxxx Xxxxxxxx The Service Level Warranty shall not apply to any services other than bandwidth and facility services, and, shall not apply to performance issues (i) caused by factors outside of Exodus' , reasonable control; (ii) that resulted from any actions or inactions of Customer or any third parties; or (iii) that resulted from Customer's ’s equipment and/or third party equipment (not within the sole control of Exodus).

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement (Netsuite Inc)

Service Level Warranty. In the event that Customer experiences any of the service performance issues defined in this Section 5.2 as a result of Exodus' failure to provide bandwidth or facility services, Exodus will, upon Customer's request in accordance with paragraph 5.2(d) below, credit Customer's account as described below (the "Service Xxxxx Xxxxxxxx"). Xxx Xxxxxxx Xxxxx Xxxxxxxx shall not apply to any services other than bandwidth and facility services, and, shall not apply to performance issues (i) caused by factors outside of Exodus' reasonable control; (ii) that resulted from any actions or inactions of Customer or any third parties; or (iiiii) that resulted from Customer's equipment and/or third party equipment (not within the sole control of Exodus).

Appears in 1 contract

Samples: Master Services Agreement (Webhelp Com Inc)

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Service Level Warranty. In the event that Customer customer experiences any of the service performance issues defined in this Section 5.2 as a result of Exodus' failure to provide bandwidth or facility services, . Exodus will, upon CustomerCxxxxxxx's request in accordance with paragraph 5.2(d) below, credit Customer's account as described below (the "Service Xxxxx XxxxxxxxLevel Warranty"). Xxx Xxxxxxx Xxxxx Xxxxxxxx The Service Level Warranty shall not apply to any services other than bandwidth and facility services, and, shall not apply to performance issues (i) caused by factors outside of Exodus' reasonable control; (ii) that resulted from any actions or inactions of Customer or any third parties; or (iii) that resulted from Customer's equipment and/or third party equipment (not one within the sole control of Exodus).

Appears in 1 contract

Samples: Master Services Agreement (Athenahealth Inc)

Service Level Warranty. In the event that Customer experiences any of the service performance issues defined in this Section 5.2 as a result of Exodus' failure to provide bandwidth or facility services, Exodus will, upon Customer's request in accordance with paragraph 5.2(d) below, credit Customer's account as described below (the "Service Xxxxx XxxxxxxxLevel Warranty"). Xxx Xxxxxxx Xxxxx Xxxxxxxx The Service Level Warranty shall not apply to any services other than bandwidth and facility xxx xxxxxxxx xxxxx xxxx xxxxxxxxx xxx xxxility services, and, shall not apply to performance issues (i) caused by factors outside of Exodus' reasonable control; (ii) that resulted from any actions or inactions of Customer or any third parties; or (iii) that resulted from Customer's equipment and/or third party equipment (supplied or rented by Customer not within the sole control of ExodusExodus at such time).

Appears in 1 contract

Samples: Master Services Agreement (Boston Communications Group Inc)

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