Network Availability Commitment Clause Samples

Network Availability Commitment. If Network Availability does not meet or exceed the applicable percentage set out in Table 3 in a given month for reasons other than Acceptable Downtime, then Rogers will provide a service credit to the Customer.
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Network Availability Commitment i. We will use commercially reasonable efforts to make our Services available to you at all times, subject to certain limitations described in this Agreement ("Network Availability Commitment"). ii. A Network outage occurs when there is total "Loss of Service" (defined below) for more than 60 consecutive minutes per occurrence. "Loss of Service" means that NextLevel is unable to transmit IP packets on your behalf, such that you are unable to communicate with or access any other Internet Service Providers via the IP transmission protocol or unable to communicate with or access any other telecommunications providers via the Public Switched Telephone Network, as a result of the failure of NextLevel facilities, equipment, or personnel used to provide the NextLevel Services.
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Network Availability Commitment i. We will use commercially reasonable efforts to make our NextLevel IP "Network" (defined below) available to you at all times, subject to certain limitations described in this Agreement (the "Network Availability Commitment"). For purposes of this Network Availability Commitment, the NextLevel IP Network ("Network") means the integrated access device, local access loop, aggregation router, connectivity to the core network, and core network components up to the handoff to either the Internet peering point (for Internet packets) or the handoff to local, long distance or other voice Services provider for phone service traffic. ii. A Network outage occurs when there is total "Loss of Service" (defined below) for more than 60 consecutive minutes per occurrence. "Loss of Service" means that NextLevel is unable to transmit IP packets on your behalf, such that you are unable to communicate with or access any other Internet Service Providers via the IP transmission protocol or unable to communicate with or access any other telecommunications providers via the Public Switched Telephone Network, as a result of the failure of NextLevel facilities, equipment, or personnel used to provide the NextLevel Internet™, or NextLevelVoice™ Services.
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Network Availability Commitment. Subject to the same terms, conditions, and limitations of the 100% network availability commitment, Dallas Colo offers a 99.90% network availability commitment on all IP bandwidth services not covered under the 100% network availability commitment. The 99.90% network availability commitment is applicable to those IP bandwidth Services delivered to Customers via a single, non-redundant independent network drop only.
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Network Availability Commitment. 3.1 A network is unavailable when there is total "Loss of Service" as defined herein for more than sixty (60) consecutive minutes per occurrence. "Loss of Service" means that you are unable to access Services or communicate using Services as intended as a result of the failure of INFINIWIZ facilities, equipment, or personnel used to provide the Services.
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Network Availability Commitment. Subject to the terms herein, ▇▇ ▇▇▇▇▇ offers a 99.90% network availability commitment on its Internet Protocol (IP) bandwidth provided to Client as part of the Services. This network availability commitment is available for a “Network Outage,” which is defined as the uninterrupted failure of ▇▇ ▇▇▇▇▇ to deliver IP packets across the ▇▇ ▇▇▇▇▇ network in connection with its delivery of ordered Services to the Client. To qualify for the 99.90% network availability commitment with respect to any of the Client Equipment, such Client Equipment must be utilizing single- or redundant-input network drops from ▇▇ ▇▇▇▇▇ at all times, including at the time of any Network Outage. The 99.90% network availability commitment shall not be available with respect to any Network Outages directly or indirectly caused by Client, including, without limitation, failed equipment, misconfigurations, exploited servers, or traffic in excess of the maximum allowed by the applicable MSA. Service credits are available only with respect to the Client Equipment adversely and directly affected by a Network Outage. Service credits under the 99.90% network availability commitment shall be based on percentage of Network Uptime, which is defined as the sustained and continuous period of time without a Network Outage: Network Uptime Service Credit (percentage of current monthly charge for affected service) 99.90% Commitment 98.00% 10% 96.00% 25% 94.00% 50% 92.00% 75% 90.00% 100%
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Network Availability Commitment. We will use commercially reasonable efforts to make our VoxNet IP “Network” (defined below) available to you at all times, subject to certain limitations described in this Contract (the “Network Availability Commitment”). For purposes of this Network Availability Commitment, the VoxNet IP Network (“Network”) means the integrated access device, local access loop, aggregation router, connectivity to the core network, and core network components up to the handoff to either the Internet peering point (for Internet packets) or the handoff to local, long distance or other voice Services provider for phone service traffic. The VoxNet IP Network does include any broadband circuits.
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Network Availability Commitment 
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Related to Network Availability Commitment

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • FUNDING AVAILABILITY This Contract is contingent upon the continued availability of funding. If funds become unavailable through the lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidation, or any other disruptions of current appropriations, DFPS will reduce or terminate this Contract.

  • System Availability Although we will try to provide continuous access to the Service, we cannot and do not guarantee that the Service will be available 100% of the time and will not be liable in the event Service is unavailable. Actual service or network performance is dependent on a variety of factors outside of our control. If you notify us within twenty-four (24) hours and we confirm an outage consisting of a period of two (2) hours in any calendar month, and not due to any service, act, or omission of you, a third party, your applications, equipment or facilities, or reasons outside of our control, you shall be eligible for a service credit. A service credit shall be computed as a pro-rated charge for one day of the regular monthly fees for the Service in the next monthly statement. Intermittent service outages for periods of less than two (2) hours are not considered service outages. Outages caused by routine scheduled maintenance are also not considered an outage. You shall receive advance notice no less than forty-eight (48) hours in advance of our scheduled maintenance. Scheduled maintenance will be performed between 12:00 a.m. and 6:00 a.m. CST.