Common use of Service Outage Clause in Contracts

Service Outage. A Service Outage is defined as the complete unavailability of the Service during any unscheduled period of time except that Windstream is not responsible for failure to meet performance objectives for any of the following reasons which shall not be deemed a Service Outage (collectively, “Exclusions”): • Any Service Outage for which Customer may have previously obtained credit or compensation outside the terms of this SLA; • Actions, failures to act or delays by Customer or others authorized by or acting on behalf of Customer to use the Service; • Failure of power, equipment, services or systems not provided by Windstream; • Customer owned or leased equipment or facilities (e.g., Customer’s PBX or local area network); • Failure of Customer to afford Windstream or its agents access to the premises where access lines associated with the Services are terminated; • Election by Customer not to release the Service for testing and/or repair during which time Customer continues to use the Service; • Maintenance activities (including planned and emergency) as set forth in Section 5 of this SLA; • Implementation of a Customer order that requires a Service interruption; • Failure to report a Service Outage to Windstream or reporting of a trouble where no trouble was found; • Labor difficulties, governmental orders, civil commotion, acts of God, and other circumstances beyond Windstream’s reasonable control; and • Failure of equipment or systems responsible for network measurements; and • Any Service Outage for sites connected by only one active access loop; and • Election by the Customer to order only a single cellular wireless access loop at a Service location, be it temporary.

Service Outage. A Service Outage is defined as the complete unavailability of the Service during any unscheduled period of time time, except that Windstream is not responsible for failure to meet performance objectives for any of the following reasons which shall not be deemed a Service Outage (collectively, “Exclusions”): • * Any Service Outage for which Customer may have previously obtained credit or compensation outside the terms of this SLA; • * Actions, failures to act or delays by Customer or others authorized by or acting on behalf of Customer to use the Service; • * Failure of power, equipment, services or systems not provided by Windstream; • * Customer owned or leased equipment or facilities (e.g., Customer’s PBX router or other local area networknetwork devices); • * Failure of Customer to afford Windstream or its agents access to the premises where access lines associated with the Services are terminated; • * Election by Customer not to release the Service for testing and/or repair during which time Customer continues to use the Service; • * Maintenance activities (including planned and emergency) as set forth in Section 5 of this SLA; • * Implementation of a Customer order that requires a Service interruption; • * Failure to report a Service Outage to Windstream or reporting of a trouble where no trouble was found; • * Labor difficulties, governmental orders, civil commotion, acts of God, and other circumstances beyond Windstream’s reasonable control; and • * Failure of equipment or systems responsible for network measurements; and • Any Service Outage for sites connected by only one active access loop; and • Election by the Customer to order only a single cellular wireless access loop at a Service location, be it temporary.

Service Outage. A Service Outage is defined as the complete unavailability of the Service during any unscheduled period of time except that Windstream is not responsible for failure to meet performance objectives for any of the following reasons which shall not be deemed a Service Outage (collectively, “Exclusions”): • Any Service Outage for which Customer may have previously obtained credit or compensation outside the terms of this SLA; • Actions, failures to act or delays by Customer or others authorized by or acting on behalf of Customer to use the Service; • Failure of power, equipment, services services, or systems not provided by Windstream; • Customer owned or leased equipment or facilities (e.g., Customer’s PBX or local area network); • Failure of Customer to afford Windstream or its agents access to the premises where access lines associated with the Services are terminated; • Election by Customer not to release the Service for testing and/or repair during which time Customer continues to use the Service; • Maintenance activities (including planned and emergency) as set forth in Section 5 of this SLA; • Implementation of a Customer order that requires a Service interruption; • Failure to report a Service Outage to Windstream or reporting of a trouble where no trouble was found; • Labor difficulties, governmental orders, civil commotion, acts of God, and other circumstances beyond Windstream’s reasonable control; and • Failure of equipment or systems responsible for network measurements; and • Any Service Outage for sites connected by only one active access loop; and • Election by the Customer to order only a single cellular wireless access loop at a Service location, be it temporary.