Common use of Service Date Clause in Contracts

Service Date. At such time as TCG completes installation or connection of the necessary fiber optic facilities and/or equipment to provide the Services, TCG shall conduct appropriate tests thereon. Upon successful completion of such tests TCG shall notify Reseller that such Services are available for use. TCG shall use reasonable efforts, subject to the other provisions hereof, to make the Services available by the estimated Service Date specified in the Service Supplement. TCG shall not be liable for any damages whatsoever resulting from delays in meeting any service dates due to delays resulting from normal construction procedures. Such delays shall include, but not be limited to, delays in obtaining necessary regulatory approvals for construction, delays in obtaining right-of-way approvals and delays in actual construction work. In the event there is a Reseller or Customer caused delay, and such delay continues for thirty (30) days after the estimated service date for any Resale Services, TCG may commence billing Reseller for the Resale Services effective on such a date. TCG shall commence billing Reseller for the Resale Services effective on the Service Date and, if applicable, for costs of IntraLATA or InterLATA calls incurred by the Reseller subsequent to TCG notifying Reseller that such Services are available for use. For any Resale Services ordered by Reseller and provided by TCG, Reseller reserves the right to delay the Service Date, and provide TCG as much advance notice as reasonably possible, provided Reseller shall be liable to TCG for any applicable delay or change order charge assessed by the provider of the Resale Services.

Appears in 4 contracts

Samples: Residential Reseller Agreement (Optel Inc), Residential Reseller Agreement (Optel Inc), Residential Reseller Agreement (Optel Inc)

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