Common use of Enviro Clause in Contracts

Enviro. Clean may terminate this Agreement upon ten days prior written notice if it experiences Repeated Unavailability of the Vendor Management Services. "Repeated Unavailability" shall mean the unavailability of the Vendor Management Services to process orders placed through the EC Site for a sustained period of four or more hours on three or more occasions during any one calendar month, excluding unavailability as a result of regularly scheduled system maintenance, failures wholly related to error or omission by Enviro-Clean, web hosts, system integrators or communications service providers other than B2B or entities hired or contracted by B2B or Enviro-Clean in connection with the Vendor Management Services, and regional or national Internet or communications outages outside the control of B2B. In no event will B2B be liable to any third party for any claims arising out of or related to Repeated Unavailability for any lost revenue, lost profits, replacement goods, loss of technology, rights or services, incidental, punitive, indirect or consequential damages, loss of data, or interruption or loss of use of service or Enviro-Clean's business, even if advised of the possibility of such

Enviro. Clean may terminate this Agreement upon ten days prior written notice if it experiences Repeated Unavailability of the Vendor Management Services. "Repeated Unavailability" shall mean the unavailability of the Vendor Management Services to process orders placed through the EC Site for a sustained period of four or more hours on three or more occasions during any one calendar month, excluding unavailability as a result of regularly scheduled system maintenance, failures wholly related to error or omission by Enviro-Clean, web hosts, system integrators or communications service providers other than B2B or entities hired or contracted by B2B or Enviro-Clean in connection with the Vendor Management Services, and regional or national Internet or communications outages outside the control of B2B. In no event will B2B be liable to any third party for any claims arising out of or related to Repeated Unavailability for any lost revenue, lost profits, replacement goods, loss of technology, rights or services, incidental, punitive, indirect or consequential damages, loss of data, or interruption or loss of use of service or Enviro-Clean's business, even if advised of the possibility of suchsuch damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.