Outage Credits. 6.1 An Outage for fixed satellite services is defined as a complete loss of the ability to originate or receive voice or data communications causing the service availability to fall below 99.5% in any twelve (12) month period.
Outage Credits. 5.1 Purchaser acknowledges the possibility of an unscheduled, continuous and/or interrupted period of time when a Service or Services are "UNAVAILABLE" (as defined in the Specifications) for a continuous period of two (2) hours (hereafter an "OUTAGE"). An Outage shall begin upon recognition by Grantor or notice from Purchaser that the Service is interrupted. In the event of an Outage, Purchaser shall be entitled to a credit (the "OUTAGE CREDIT") at the rate of 1/720 of the monthly recurring charge for the IXC portion of the circuit for each hour in excess of the first two (2) consecutive hours that the affected service fails to conform to the Specifications.
Outage Credits. Supplier shall give Customer a credit in accordance with its then-current outage policy for periods in which any Circuit loses continuity and fails to comply with applicable specifications. Such credit shall be Customer's sole remedy with respect to such an event; provided, however, that no such credits shall be allowed and Supplier shall not be liable for any Service defect from causes outside its control, including accidents, cable cuts, fires, floods, emergencies, government regulation, wars, or acts of God. SUPPLIER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES RELATING TO SERVICE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER HAS NOT RELIED ON ANY REPRESENTATION NOT SET FORTH HEREIN. CUSTOMER SHALL INDEMNIFY SUPPLIER FROM ANY CLAIMS MADE BY ANY CUSTOMER OF CUSTOMER.
Outage Credits. 4.1 Customer acknowledges the possibility of an unscheduled, continuous and/or interrupted period of time when a Service or Services are "UNAVAILABLE" (as defined in the Specifications) for a continuous period of two (2) hours (hereafter an "OUTAGE"). An Outage shall begin upon recognition by Willxxxx xxxt the Service is interrupted. In the event of an Outage, Customer shall be entitled to a credit (the "OUTAGE CREDIT") in the amount of ten percent (10%) of the monthly Port, PVC and/or usage charges (as stated on the applicable Service Order) regardless of the length of such Outage.
Outage Credits. In the event of the occurrence of outages in portions of DBS Services, as generally described in Exhibit I, HCG is required to provide certain credits to NRTC pursuant to the HCG Agreement, to be applied toward fees for future services. NRTC shall make all such credits provided by HCG available to Member on a prorated basis in consideration of the amount of such credits and the number of Members entitled to receive a proration of such credits.
Outage Credits. Upon the occurrence of each Separate/Independent Interruption of Landlord’s Essential Services, Tenant shall be entitled to an Outage Credit in the amount set forth opposite the duration of such Interruption of Landlord’s Essential Services in Table 2.A.(1)-A and 2.A.(1)-B, below, as applicable: Table Related to the Calculation of Outage Credits (Table 2.A.(1)-A)
Outage Credits. The Outage Credit defined herein is your sole and exclusive remedy for any failure, interruption or degradation of the Service. You acknowledge the possibility of an unscheduled, continuous and/or interrupted period of time during which the Service may not conform to the Service Level Objective defined above an (“Outage”). In the event of an Outage, you will be entitled to a credit (“Outage Credit”), applied to your next monthly invoice, upon request. When Service does not conform to the Service Level Objective, the amount of the Outage Credit will be set forth in the Table below and is credited in a percentage of the monthly Service Fee for the affected Hosted Network Service: Length of Outage Credit Amount 30 secs – 30 mins 1 day 31 mins – 59 mins 3 days 1 hrs – 1 hrs 59 mins 5 days 2 hrs – 3 hrs 59 mins 7 days 4 hrs – 7 hrs 59 mins 14 days 8 hrs – 13 hrs 59 mins 20 days 24 hrs or more 30 days Service disruptions or outages will be accumulated over the course of a billing period and will be subject to the maximum credit shown above. The number of minutes of separate and discrete Outages will be cumulated to determine the percentage of credit. In no event will our total liability for all Outages exceed one hundred percent (100%) of the recurring monthly Service Fee.
Outage Credits. An Outage shall begin upon the earlier of DataBank’s actual knowledge of the Outage or DataBank’s receipt of notice from the Customer of the Outage. Subject to any other remedy available to Customer under any Service Level Warranty, if an Outage or series of Outages results in Colocation Services unavailability specified in Paragraph 12.1 above, Customer shall be entitled to a credit (“Outage Credit”) upon DataBank’s receipt of Customer’s written request for such Outage Credit. Such written request must be received by DataBank within thirty (30) calendar days of the Outage. If DataBank does not receive Customer’s written notice within such thirty (30) calendar day period, Customer shall be deemed to waive its right to the Outage Credit. The amount of the Outage Credit for Colocation Services shall be: Length of outage: Credit (% of MRC) 1 to 5 minutes 0 % 6 minutes to 59 minutes 5 % 1 hour to 2 hours 59 minutes 10 % 3 hours to 4 hours 59 minutes 20 % 5 hours to 7 hours 59 minutes 30 % 8 hours to 11 hours 59 minutes 40 % 12 hours to 14 hours 59 minutes 50 % 15 hours or more 75 % The maximum Outage Credit during any calendar month will not exceed one (1) month’s total MRC for the affected rack(s). In the event an Outage occurs more than three times within any twelve (12) month period (“Chronic Problems”), regardless of whether Customer notifies DataBank of such Outage and receives an Outage Credit, Customer may terminate this Agreement without penalty, or payment of any termination fee or liquidated damages, by providing thirty (30) days prior written notice to DataBank.
Outage Credits. Customer acknowledges the possibility of an unscheduled, continuous and/or interrupted period of time during which ATM Service is unavailable or fails to conform to the Technical Specifications below ("Outage"). An Outage shall begin upon the earlier of Xxxxxxxx' actual knowledge of the Outage or Xxxxxxxx' receipt of notice from the Customer of the Outage. In the event of an Outage, Customer shall be entitled to a credit ("Outage Credit") upon Xxxxxxxx' receipt of Customer's written request for such Outage Credit. The amount of the Outage Credit for ATM Service shall be an amount equal to ten percent (10%) of the monthly Port, PVC and/or usage charges (as stated on the applicable Service Order) regardless of the length of such Outage.
Outage Credits. Customer acknowledges the possibility of an unscheduled, continuous and/or interrupted period of time during which DIA Service does not conform to the SLA as set forth in Section 2.2 above (“Outage”). An Outage shall begin upon Lackawanna County’s receipt of notice from the Customer of the Outage and provided that Customer has released all or part of the DIA Service for testing if requested by Lackawanna County. In the event of an Outage, Customer shall be entitled to a credit (“Outage Credit”) upon Lackawanna County receipt of Customer’s written request for such Outage Credit. Such written request must be received by Lackawanna County within thirty (30) calendar days of the Outage and the Outage Credit shall be credited on Customer’s next monthly invoice. If Lackawanna County does not receive Customer’s written notice within such thirty (30) calendar day period, Customer shall be deemed to waive its right to the Outage Credit. The amount of any applicable Outage Credit for DIA Service shall be calculated based on each SLAs set forth in Section 2.2 above and shall be as follows:
