Common use of Transit Delay Clause in Contracts

Transit Delay. The TD is represented as the actual time for a 56 byte message, called a sample ping, to travel round trip between two specific routers in the network under normal prime time conditions. Using the sample ping referred to in Section 6.2.2, we will measure the TD on a periodic basis, but no less than every 10 minutes. The ping sampling interval is subject to change over time but in no event shall exceed 30 minutes. We will average all the samples in a given month to determine the overall average TD, and will report that to you. If we fail to meet the monthly TD objectives, you will notify us in writing. If we continue to fail to meet the TD objectives for two months, then we shall provide you a credit of $25,000.00 for each month thereafter until such time as the measured TD meets the objectives. Except for your right of termination provided for in Section 6.7.1, this is your sole remedy for our failure to meet the TD objectives. In an instance where the monthly forecast for 20% of the sites is invalid, then the TD objective shall not be applicable for that period.