Network Outage Sample Clauses

Network Outage. Network outages shall constitute a Default of the Agreement as set out in this paragraph. In the event that, after network acceptance of some or all of the Broadband Network pursuant to the Network Acceptance, Testing, and Compliance Plan, more than twenty percent (20%) of the receiving/transmitting nodes in the then-existing Broadband Network fail to connect willing Customers to the internet for an entire calendar day, the Broadband Network will be considered “Dark” and that day will be considered a “Dark Day”, provided that such day will not be considered a Dark Day if the failure to satisfy the above test was caused by the Counties, providers of telecommunications, electricity, or third parties (other than subcontractors of Company) not under the control of the Company or by a Force Majeure. If the Broadband Network is continuously Dark for a period of three (3) or more days, then this shall constitute a Default, and each County may send a notice of termination, which shall be effective upon thirty (30) days from receipt by the Company if such Default has not been cured by the Broadband Network operating without any Dark Days for ten (10) days continuously. If the Company does cure the Default by the Broadband Network operating without any Dark Days for ten (10) days continuously prior to the end of such thirty (30) day period then the termination shall not be effective and the Default shall be cured. If Company is unable to cure the Default within said thirty (30) days by the Broadband Network operating without any Dark Days for ten (10) days continuously, then each County shall be entitled to exercise its rights to terminate this Agreement due to the Default and/or exercise all other remedies available to the it under this Agreement, at law or in equity, including but not limited to the Default Option set forth in Section 21(h).

Network Outage. If during the course of performing Work on an AT&T Site, Contractor causes a Network Outage that lasts more than *****, Contractor shall pay to AT&T liquidated damages in the amount of ***** ($*****) per hour for each affected Site (i.e., a Network Outage that affects multiple Sites will be calculated as multiple Network Outages), commencing at the expiration of such one (1) hour period and continuing until the Network Outage has been corrected. These liquidated damages will be capped at a maximum of ***** ($*****) per Network Outage or group of Network Outages arising from a single occurrence. For purposes of this Section, a Network Outage includes the loss or significant degradation of any class of service at a Site, such as LTE, UMTS, or GSM.

Network Outage. Occurs when NTTA is unable to transmit network packets on behalf of Customer to the Internet Backbone for a continuous period in excess of 500 seconds at any time during a calendar day.

Network Outage. Network Outage is defined as an occurrence, within the network, resulting in the inability of the IP Backbone to transmit IP packets on the Customer behalf. A Network Outage does not include i) maintenance windows; ii) interruptions due to emergencies; iii) reasons of Force Majeure; iv) occurrences due to Customer violation of the MSA, including any suspension or termination of the customer account; and v) restrictions placed on the customer account due to unreasonable use of infrastructure resources (as measured against similarly situated Customers) or interference with the services we provide to other customers.

Network Outage. Contractor acknowledges that a network outage will cause damage to AT&T in an amount difficult to ascertain. If during the course of performing Work on an AT&T Site, Contractor causes an unplanned service outage of AT&T’s existing equipment on that Site that lasts more than one (1) hour, Contractor shall pay to AT&T liquidated damages in the amount of ***** dollars ($*****) per hour per occurrence, commencing at the expiration of such hour and continuing until the unplanned service outage has been corrected. These liquidated damages will be capped at a maximum of ***** dollars ($*****) per unplanned service outage.

Network Outage. An unscheduled period of time other than periods of Scheduled Maintenance during which the Customer is unable to access the Single Digits network and or services relating to TCP/IP and related services such as Web and/or eMail.

Network Outage. 4 1.37 NextWave....................................................4

Network Outage. Clearwire shall give AOL advance notification of its maintenance periods and expected outages, as described in Section 11 of Exhibit C. As further defined in Section 11(a) of Exhibit C and subject to the limitations included therein, in the event of a Network Outage, Clearwire shall notify AOL's Network Operations Center ("NOC") of such problem as soon as practicable (including providing the details of such problem and the anticipated length of the outage), provide the NOC with regular updates as to the status of the resolution of the problem and use commercially reasonable efforts to restore the service as soon as practicable.