Common use of SYSTEM OUTAGES AND FAILURE Clause in Contracts

SYSTEM OUTAGES AND FAILURE. (a) In the event ORBCOMM is unable to provide Licensee with access to the ORBCOMM System due to temporary or intermittent problems (not including planned periods of satellite unavailability) with the ORBCOMM System other than those temporary or intermittent problems caused by Licensee, any of its Subscribers or the Licensee System (an "Intermittent Service Problem") for an aggregate of more than ten days where no service was available for a 24 consecutive hour period during any one year period commencing on the later to occur of (i) the System Available Date and (ii) the date the Licensee System commenced operations, and any anniversary of such date, Licensee's sole and exclusive remedy shall be to extend the term of this Agreement [CONFIDENTIAL TREATMENT] day for each day, in excess of such ten days where no service was available for a 24 consecutive hour period, that ORBCOMM is unable to provide Licensee with access to the ORBCOMM System; provided, however that if the ORBCOMM System has Intermittent Service Problems aggregating 180 days where no service was available for a 24 consecutive hour period in each of three consecutive years, Licensee shall be entitled to terminate this Agreement upon written notice to ORBCOMM. (b) If ORBCOMM determines in its sole discretion that the ORBCOMM System has permanently and irrevocably failed such that Licensee cannot access the ORBCOMM System, ORBCOMM shall be entitled to terminate this Agreement as described in Section 9(d).

SYSTEM OUTAGES AND FAILURE. (a) In the event ORBCOMM is unable to provide Licensee with access to the ORBCOMM System due to temporary or intermittent problems (not including planned periods of satellite unavailability) with the ORBCOMM System other than those temporary or intermittent problems caused by Licensee, any of its Subscribers or the Licensee System (an "Intermittent Service Problem") for an aggregate of more than ten days where no service was available for a 24 consecutive hour period during any one year period commencing on the later to occur of (i) the System Available Date and (ii) the date the Licensee System commenced operations, and any anniversary of such date, Licensee's sole and exclusive remedy shall be to extend the term of this Agreement [CONFIDENTIAL TREATMENT] day for each day, in excess of such ten days where no service was available for a 24 consecutive hour period, that ORBCOMM is unable to provide Licensee with access to the ORBCOMM System; provided, however that if the ORBCOMM System has Intermittent Service Problems aggregating 180 days where no service was available for a 24 consecutive hour period in each of three consecutive years, Licensee shall be entitled to terminate this Agreement upon written notice to ORBCOMMORBCOMM and in such event ORBCOMM shall be deemed to have abandoned the ORBCOMM System pursuant to the terms of Section 9(d). (b) If ORBCOMM determines in its sole discretion that the ORBCOMM System has permanently and irrevocably failed such that Licensee cannot access the ORBCOMM System, ORBCOMM shall be entitled to terminate this Agreement as described in Section 9(d).