Common use of Lost Data Clause in Contracts

Lost Data. 5.1.4.1 Loss of Recorded Usage Data - AT&T recorded usage data determined to have been lost, damaged or destroyed as a result of an error or omission by U S WEST in its performance of the recording function shall, upon AT&T request, be recovered by U S WEST at no charge to AT&T. In the event the data cannot be recovered by U S WEST, U S WEST shall estimate the messages and associated revenue, with assistance from AT&T, based upon the method described below. This method shall be applied on a consistent basis, subject to modifications agreed to by U S WEST and AT&T. This estimate shall be used to adjust amounts AT&T owes U S WEST for services U S WEST provides in conjunction with the provision of recorded usage data. 5.1.4.2 Partial Loss - U S WEST shall review its daily controls to determine if data has been lost. When there has been a partial loss, actual message and minute volumes shall be reported, if possible. Where actual data are not available, a full day shall be estimated for the recording entity, as outlined in the following paragraphs. The amount of the partial loss is then determined by subtracting the data actually recorded for such day from the estimated total for such day.

Lost Data. 5.1.4.1 Loss of Recorded Usage Data - AT&T Pac-West recorded usage data determined to have been lost, lost damaged or destroyed as a result of an error or omission by U S WEST in its performance of the recording function shall, upon AT&T Pac-West's request, . be recovered by U S WEST at no charge to AT&T. Pac-West. In the event the data cannot be recovered by U S WEST, U S WEST shall estimate the messages and associated revenue, with assistance from AT&TPac-West, based upon the method described below. This method shall be applied on a consistent basis, subject to modifications agreed to by U S WEST and AT&T. Pac-West. This estimate shall be used to adjust amounts AT&T Pac-West, owes U S WEST for services U S WEST provides in conjunction with the provision of recorded usage data. 5.1.4.2 Partial Loss - U S WEST shall review its daily controls to determine if data has been lost. When there has been a partial loss, actual message and minute volumes shall be reported, if possible. Where actual data are not available, a full day shall be estimated for the recording entity, as outlined in the following paragraphs. The amount of the partial loss is then determined by subtracting the data actually recorded for such day from the estimated total for such day.