Customer Promise Dates. For each Ethernet VPN Circuit, the Supplier will agree a Customer Promise Date. If the Supplier fails to meet this date and cannot demonstrate that the delay is caused by circumstances beyond its reasonable control (which, for the avoidance of doubt, shall include the late delivery of any third party circuit elements), the Customer will be entitled to compensation for the late delivery of the Circuit in accordance with Table 1 below. Table 1 Number of whole calendar days by which the Customer Execute Date exceeds the Customer Promise Date Compensation 1 to 5 5% of Installation Charges applicable to the affected Circuit 6 to 10 15% of Installation Charges applicable to the affected Circuit 11+ 30% of Installation Charges applicable to the affected Circuit In the event that the Customer Execute Date of a Circuit is delayed by more than thirty (30) days (the “Deadline”) after the Customer Promise Date and it cannot be demonstrated that the delay is caused by circumstances beyond the Supplier’s reasonable control (which, for the avoidance of doubt, shall include the late delivery of any third party circuit elements), then in addition to the compensation set out in Table 1, the Customer shall have the right to terminate the relevant Circuit. The compensation and the right to terminate the relevant Circuit in the circumstances set out herein shall comprise the Customer’s sole remedy in respect of delays to the Customer Execute Date.
