Common use of Service Date Clause in Contracts

Service Date. Supplier shall use commercially reasonable efforts to provide each Service ordered and accepted pursuant to a Firm Order Confirmation by no later than the date specified in or accepted by such Firm Order Confirmation. Supplier's standard provisioning intervals for Services are listed in the applicable Service schedule, and the scheduled Service Date specified in a Firm Order Confirmation shall in no event be prior to expiration of the applicable interval. Customer may request that such Service be made available prior to such specified date, in which event Supplier shall use reasonable efforts to make such Service available by the date requested, but Supplier shall not be responsible or in any way penalized or liable for its failure to do so. Customer may request that such Service be delayed by up to thirty (30) days after such specified date, as set forth in Attachment 2 under the caption "Billing and Payment." If Supplier fails to provide the Service by the date specified pursuant to the applicable Firm Order Confirmation and such failure is not due to (i) any FORCE MAJEURE Event, (ii) any failure of Customer to comply with the terms of this Agreement, or (iii) any fault or negligent act or omission of Customer, any End User or any other party, then Customer shall not be required to pay the Non-Recurring Charge with respect to such Service. Customer's relief from paying such Non-Recurring Charge shall be the sole and exclusive remedy of Customer in the event of such failure by Supplier to provide such Service by such date, and under no circumstances shall such failure be deemed a default under this Agreement.