Service Performance Conditions. HNS will use commercially reasonable efforts to provide the Services in accordance with the Service performance standard set forth in Paragraph 3.1 above. In the event that HNS fails to meet such Service performance standard in any calendar month, as Customer's sole and exclusive remedy, HNS will pay Customer liquidated damages calculated in accordance with Paragraph 3.4 below. A failure to meet the Service performance standard does not constitute a Service interruption for purposes of calculating liquidated damages under this section when due to any of the following causes:
Appears in 6 contracts
Samples: Master Services Agreement (Global Eagle Entertainment Inc.), Confidential Treatment (Global Eagle Entertainment Inc.), Master Services Agreement (Global Eagle Entertainment Inc.)
