Common use of Network Outage Clause in Contracts

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).