Common use of Operational Matters Clause in Contracts

Operational Matters. Where applicable, the Customer shall be responsible for connecting to the ALL ACCESS VOIP network and the Customer shall be responsible for procuring, at its own expense, the necessary facilities or equipment required to interconnect to such locations. ALL ACCESS will endeavor to provide the Services on the Service Date and the Customer shall be solely responsible for coordinating the provisioning of its respective matching facilities and/or equipment (where applicable) by the Service Date. The Parties shall coordinate the management of their respective system facilities, with each Party being responsible for providing and operating, at its own expense, its respective network facilities. The Parties also shall interface on a 24 hours/7 days a week basis to assist each other with the isolation and repair of any facility faults in their respective networks. THE SERVICE IS PROVIDED TO CUSTOMER “AS IS”. THE PARTIES AGREE THAT NOTWITHSTANDING ANYTHING CONTAINED IN OR IMPLIED BY THIS AGREEMENT TO THE CONTRARY, NO WARRANTY, EXPRESS OR IMPLIED, IS MADE CONCERNING THE SERVICES OR ALL ACCESS SYSTEMS, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL ACCESS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR IN ALL ACCESS SYSTEMS WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL OPERATE IN THE MANNER DESIRED BY CUSTOMER, OR THAT THE SERVICES OR ALL ACCESS SYSTEMS WILL BE ERROR FREE, OR FREE FROM UNAUTHORIZED INTRUSION. UNDER NO CIRCUMSTANCES SHALL ALL ACCESS LIABILITY TO CUSTOMER HEREUNDER EXCEED THE LESSER OF (1) CUSTOMER’S ACTUAL DAMAGES, (2) THE AVERAGE MONTHLY USAGE CHARGES PAID BY CUSTOMER FOR THE PARTICULAR SERVICE TO WHICH THE CLAIM PERTAINS (THE “AFFECTED SERVICE”), CALCULATED FROM COMMENCEMENT OF THE AFFECTED SERVICE TO THE DATE A CLAIM IS MADE, OR (3) $5,000.00. CUSTOMER HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS AND DISCLAIMERS DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE.

Operational Matters. Where applicable, the Customer shall be responsible for connecting to the ALL ACCESS MOBIUS VOIP network and the Customer shall be responsible for procuring, at its own expense, the necessary facilities or equipment required to interconnect to such locations. ALL ACCESS MOBIUS will endeavor to provide the Services on the Service Date and the Customer shall be solely responsible for coordinating the provisioning of its respective matching facilities and/or equipment (where applicable) by the Service Date. The Parties shall coordinate the management of their respective system facilities, with each Party being responsible for providing and operating, at its own expense, its respective network facilities. The Parties also shall interface on a 24 hours/7 days a week basis to assist each other with the isolation and repair of any facility faults in their respective networks. THE SERVICE IS PROVIDED TO CUSTOMER “AS IS”. THE PARTIES AGREE THAT NOTWITHSTANDING ANYTHING CONTAINED IN OR IMPLIED BY THIS AGREEMENT TO THE CONTRARY, NO WARRANTY, EXPRESS OR IMPLIED, IS MADE CONCERNING THE SERVICES OR ALL ACCESS MOBIUS’S SYSTEMS, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL ACCESS MOBIUS DOES NOT WARRANT XXXXXX THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR IN ALL ACCESS MOBIUS’S SYSTEMS WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL OPERATE IN THE MANNER DESIRED BY CUSTOMER, OR THAT THE SERVICES OR ALL ACCESS MOBIUS’S SYSTEMS WILL BE ERROR FREE, OR FREE FROM UNAUTHORIZED INTRUSION. UNDER NO CIRCUMSTANCES SHALL ALL ACCESS MOBIUS’S LIABILITY TO CUSTOMER HEREUNDER EXCEED THE LESSER OF (1) CUSTOMER’S ACTUAL DAMAGES, (2) THE AVERAGE MONTHLY USAGE CHARGES PAID BY CUSTOMER FOR THE PARTICULAR SERVICE TO WHICH THE CLAIM PERTAINS (THE “AFFECTED SERVICE”), CALCULATED FROM COMMENCEMENT OF THE AFFECTED SERVICE TO THE DATE A CLAIM IS MADE, OR (3) $5,000.003,000.00. CUSTOMER HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS AND DISCLAIMERS DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE.

Operational Matters. Where applicable, the Customer shall be responsible for connecting to the ALL ACCESS VOIP IT ArchiTeks’ VoIP network and the Customer shall be responsible for procuring, at its own expense, the necessary facilities or and/or equipment required to interconnect to such locations. ALL ACCESS IT ArchiTeks will endeavor to provide the Services on the Service Date and the Customer shall be solely responsible for coordinating the provisioning of its respective matching facilities and/or equipment (where applicable) by the Service Date. The Parties shall coordinate the management of their respective system facilities, with each Party being responsible for providing and operating, at its own expense, its respective network facilities. The Parties also shall interface on a 24 hours/7 days a week basis to assist each other with the isolation and repair of any facility faults in their respective networks. THE SERVICE IS PROVIDED TO CUSTOMER “AS IS”. THE PARTIES AGREE THAT NOTWITHSTANDING ANYTHING CONTAINED IN OR IMPLIED BY THIS AGREEMENT TO THE CONTRARY, NO WARRANTY, EXPRESS OR IMPLIED, IS MADE CONCERNING THE SERVICES OR ALL ACCESS IT ARCHITEKS’ SYSTEMS, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL ACCESS IT ARCHITEKS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR IN ALL ACCESS IT ARCHITEKS’ SYSTEMS WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL OPERATE IN THE MANNER DESIRED BY CUSTOMER, OR THAT THE SERVICES OR ALL ACCESS IT ARCHITEKS’ SYSTEMS WILL BE ERROR FREE, OR FREE FROM UNAUTHORIZED INTRUSION. UNDER NO CIRCUMSTANCES SHALL ALL ACCESS LIABILITY TO CUSTOMER HEREUNDER EXCEED THE LESSER OF (1) CUSTOMER’S ACTUAL DAMAGES, (2) THE AVERAGE MONTHLY USAGE CHARGES PAID BY CUSTOMER FOR THE PARTICULAR SERVICE TO WHICH THE CLAIM PERTAINS (THE “AFFECTED SERVICE”), CALCULATED FROM COMMENCEMENT OF THE AFFECTED SERVICE TO THE DATE A CLAIM IS MADE, OR (3) $5,000.00. CUSTOMER HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS AND DISCLAIMERS DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE.

Operational Matters. Where applicable, the Customer shall be responsible for connecting to the ALL ACCESS TELECOM, INC. VOIP network and the Customer shall be responsible for procuring, at its own expense, the necessary facilities or equipment required to interconnect to such locations. ALL ACCESS TELECOM, INC. will endeavor to provide the Services on the Service Date and the Customer shall be solely responsible for coordinating the provisioning of its respective matching facilities and/or equipment (where applicable) by the Service Date. The Parties shall coordinate the management of their respective system facilities, with each Party being responsible for providing and operating, at its own expense, its respective network facilities. The Parties also shall interface on a 24 hours/7 days a week basis to assist each other with the isolation and repair of any facility faults in their respective networks. THE SERVICE IS PROVIDED TO CUSTOMER “AS IS”. THE PARTIES AGREE THAT NOTWITHSTANDING ANYTHING CONTAINED IN OR IMPLIED BY THIS AGREEMENT TO THE CONTRARY, NO WARRANTY, EXPRESS OR IMPLIED, IS MADE CONCERNING THE SERVICES OR ALL ACCESS TELECOM, INC. SYSTEMS, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL ACCESS TELECOM, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR IN ALL ACCESS TELECOM, INC. SYSTEMS WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL OPERATE IN THE MANNER DESIRED BY CUSTOMER, OR THAT THE SERVICES OR ALL ACCESS TELECOM, INC. SYSTEMS WILL BE ERROR FREE, OR FREE FROM UNAUTHORIZED INTRUSION. UNDER NO CIRCUMSTANCES SHALL ALL ACCESS TELECOM, INC. LIABILITY TO CUSTOMER HEREUNDER EXCEED THE LESSER OF (1) CUSTOMER’S ACTUAL DAMAGES, (2) THE AVERAGE MONTHLY USAGE CHARGES PAID BY CUSTOMER FOR THE PARTICULAR SERVICE TO WHICH THE CLAIM PERTAINS (THE “AFFECTED SERVICE”), CALCULATED FROM COMMENCEMENT OF THE AFFECTED SERVICE TO THE DATE A CLAIM IS MADE, OR (3) $5,000.00. CUSTOMER HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS AND DISCLAIMERS DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE.