Common use of Service Outage Clause in Contracts

Service Outage. A Service Outage is defined as the complete unavailability of a Service during any unscheduled period of time. Any Service Outage resulting for any of the below reasons are collectively referred to as “Exclusions”. Exclusions are not considered Service Outages for purposes of this SLA and Windstream is not responsible for failure to meet performance objectives arising from such Exclusions: • Any Service Outage for which Customer may have previously obtained credit or compensation outside the terms of this SLA; • Actions, failure to act or delay 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 local access circuit lines associated with the Service are terminated; • Election by Customer not to release the Service for testing and/or repair during which time Customer continues to use Service; • Cable cuts or equipment damage caused by a third party; • Maintenance activities (including scheduled and emergency) as set forth in Section 5 of this SLA; • Implementation of a Customer order that requires 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.