Common use of Chronic Outages Clause in Contracts

Chronic Outages. If Company determines in its reasonable discretion that Customer is experiencing chronic outages, then Company may, in its discretion and at its expense, investigate the nature of the recurring problem. Within ten business days of the conclusion of Company’s investigation, Company and Customer technical representatives will discuss the results of the investigation. If Company, in its reasonable discretion, determines that Customer’s equipment, network or infrastructure requires upgrades or additions to prevent chronic outages, then Customer shall not be eligible for future credits if Customer does not repair, upgrade or otherwise make required changes. If Customer requests such an investigation and Customer’s equipment, network or infrastructure is determined by Company to be the cause of such chronic outages, Customer shall pay Company for the investigation at Company’s then current time and expense rates. If a lack of prior recommended upgrades or additions is the cause of the chronic outages, then Customer shall pay Company for the investigation at Company’s then current time and expense rates.