Examples of Third Party Facilities in a sentence
With respect to any Services provided in whole or in part on Third Party Facilities, any rights of Buyer to defer the Scheduled Service Date and any associated charges shall be determined by Seller on an individual case basis.
Notwithstanding the foregoing, in the event of an emergency, Seller will have the right to perform maintenance and/or restoration of its facilities or Third Party Facilities (including, without limitation, actions required to restore continuity to a severed or partially severed fiber optic cable, restore dysfunctional power and ancillary support equipment, or correction of any potential jeopardy conditions), and Seller will notify Buyer as soon as reasonably practicable thereafter.
Seller will provide Buyer as much advance notice as reasonably practicable with regard to any scheduled maintenance performed on any Third Party Facilities that provides Services under this Agreement.
Our liability for any Loss suffered or incurred by you under or in connection with our provision of Services to you (whether based in contract, tort (including negligence), statute or otherwise) is reduced to the extent that your or your Personnel’s acts or omissions or the use of any Third Party Facilities used in connection with our Services, or the acts, omissions or equipment of a third person, caused or contributed to that Loss.
Lastly, no Service Outage Credits will apply for Services utilizing in whole or in part Third Party Facilities, or an instance in which Customer’s and/or its users’ usage of or demand with respect to the Service is oversubscribed.