ALLOWANCE FOR INTERRUPTION Clause Samples
ALLOWANCE FOR INTERRUPTION. In the case of any Interruption (as defined in Exhibit A hereto) in --------- the Capacity provided under this Agreement, allowance for the period of Interruption with respect to each Route (as defined in Exhibit A hereto) --------- affected by such Interruption, if not due to the fault or negligence of IFN, shall be as follows:
(a) If the customer's contract contains an Interruption Credit detailed in Exhibit F, Customer shall be credited for an Interruption at the rate as provided in the affected Customer's contracts. If the customer's contract does not detail a specific Interruption Credit, category A shall apply. Notwithstanding the previous sentence, neither Party will enter a contract with a Customer (who is not a customer on the date of the execution of this Agreement) which provides for an interruption credit enumerated in category B or F of Exhibit F, unless the Party receives written consent of the other Party. However, in no event shall the Interruption Credit exceed an amount equal to the Compensation that would have been payable to the to Interstate FiberNet as Gross Revenue with respect to such interrupted Capacity.
(b) When Capacity provided by ETC includes more than one communications circuit, the Interruption allowance shall apply only to the circuit(s) interrupted.
(c) An Interruption allowance shall not be applicable for any period during which IFN fails to afford access to any facilities for the purpose of investigating and clearing troubles.
