Common use of ALLOWANCE FOR INTERRUPTIONS Clause in Contracts

ALLOWANCE FOR INTERRUPTIONS. (a) When use of the channels, interface types or arrangements furnished by Company in accordance with this Agreement is interrupted due to trouble in such channels, interface types or arrangements, and such interruption is not caused by the negligence of Carrier or its subscriber, or the fault of facilities or equipment provided by Carrier or its subscriber, Carrier shall, upon request, be allowed a credit as follows: (1) The amount of credit to Carrier shall be an amount equal to the pro rata monthly charge, specified in Attachment II, for the period during which the channel, interface type or arrangement affected by the interruption is out of service. (2) All credit for interruption shall begin from the time of actual notice by Carrier to Company, in accordance with Paragraph 8 preceding, that an interruption of use has occurred. No credit shall be allowed for an amount of less than five (5) dollars. (b) A credit shall not be applicable for any period during which Carrier fails to afford access to the facilities furnished by Company for the purpose of investigating and clearing troubles. (c) The date when the channels, interface types or arrangements furnished under this Agreement shall be placed into service shall be mutually agreed upon by the parties to this Agreement. If Company fails to establish service by such date, Company shall provide to Carrier a credit of 1/30 of the monthly charge for the facilities whose installation was delayed for each day of the delay in service establishment of such facilities.

Appears in 2 contracts

Sources: Connection and Traffic Interchange Agreement, Connection and Traffic Interchange Agreement