Common use of Activations Clause in Contracts

Activations. Customer may request that Circuits be activated for Customer’s use at the Permitted Capacity Units specified in Schedule 3. Customer’s request shall be made by sending to Barak an Activation Request not later than forty five (45) days from the requested activation date. Barak shall activate the ROU Circuit(s) covered by the Activation Request on such date, as close as reasonably practicable to the activation date requested in the Activation Request; provided, that Barak shall not be required to activate circuit(s) of capacity covered by an Activation Request, in any of the following circumstances: (i) before the lapse of forty five(45) days after receipt of an Activation Request; or (ii) if activation of any of the circuit(s) covered by an Activation Request would cause the aggregate capacity activated for Customer’s use to exceed the ROU Capacity or the Permitted Capacity Units, as specified Schedule 3. In no event shall Barak be liable for any delay in the activation of any circuit except in accordance with Schedule 4 (SLA) attached hereto.