Common use of Service Problems Clause in Contracts

Service Problems. RCN hereby agrees to promptly notify WorldCom of any failure, cessation, interruption, delay or other problem which RCN may become aware of relating to the Dedicated Fibers or the WorldCom Laterals (herein called "Service Problems"). Such notification shall be made in such form, to such locations and at such telephone numbers as WorldCom may designate in writing from time to time, except that no such notification shall occur until and unless RCN shall have reasonably determined that such problems are not caused by the action or omission of, or by any cause within the control of, RCN or its customers. Notwithstanding any other provision of this Agreement, in the event of the occurrence of Service Problems on account of WorldCom's negligence, WorldCom shall forthwith as soon as practicable (after notification thereof) undertake all reasonable good faith efforts to cure such Service Problems in a timely manner, in accordance with industry standards, and in conformity with its own policies and procedures. The obligation provided for in the preceding sentence shall be WorldCom's sole and exclusive obligation respecting or arising out of any Service Problem.

Appears in 2 contracts

Sources: Dark Fiber Iru Agreement (RCN Corp /De/), Dark Fiber Iru Agreement (RCN Corp /De/)