Common use of Availability Guarantee Clause in Contracts

Availability Guarantee. Intelletrace agrees to have the network available 99.9% (<44 minutes total “Network Unavailability”) of the time (the “Availability Guarantee”). Upon Customer's request, Intelletrace will calculate Customer's "Network Unavailability" (as defined herein) in any calendar month. For purposes of this Addendum, "Network Unavailability" consists of the number of minutes that the Underlying Carrier network (or an Intelletrace-ordered telephone company circuit within the contiguous 48 United States) was not available to Customer. Network Unavailability does not include unavailability continuing for an hour or less which Customer fails to report to Intelletrace within five days, or any unavailability resulting from: (a) the Underlying Carrier or Intelletrace network maintenance; (b) any Customer-ordered telephone company circuits; (c) Customer's applications, equipment or facilities; (d) acts or omissions of Customer, or any use or user of the service authorized by Customer; or, (e) Force Majeure events (as defined in the applicable Product and Service Agreement). For the first two hour period (or part thereof) of Service Unavailability in excess of the Availability Guarantee, Intelletrace will credit the Customer ten percent (10%) of the applicable MRC for the applicable month for all affected customer ports. For each successive one hour period or (part thereof) of Network Unavailability in excess of that two hour period, Intelletrace will credit the Customer five percent (5%) of the applicable MRC not to exceed 25% of the total MRC for the applicable month (referenced in section 5.4 below) for all affected customer ports.

Availability Guarantee. Intelletrace agrees to have the network available 99.9% (<44 minutes total “Network Unavailability”) of the time (the “Availability Guarantee”). Upon Customer's request, Intelletrace will calculate Customer's "Network Unavailability" (as defined herein) in any calendar month. For purposes of this Addendum, "Network Unavailability" consists of the number of minutes that the Underlying underlying Carrier network (or an Intelletrace-ordered telephone company circuit within the contiguous 48 United States) was not available to Customer. Network Unavailability does not include unavailability continuing for an hour or less which Customer fails to report to Intelletrace within five days, or any unavailability resulting from: (a) the Underlying Carrier or Intelletrace network maintenance; (b) any Customer-ordered telephone company circuits; (c) Customer's applications, equipment or facilities; (d) acts or omissions of Customer, or any use or user of the service authorized by Customer; or, (e) Force Majeure events (as defined in the applicable Product and Service Agreementservices agreement). For the first two hour period (or part thereof) of Service Unavailability in excess of the Availability Guarantee, Intelletrace will credit the Customer ten percent (10%) of the applicable MRC for the applicable month for all affected customer ports. For each successive one hour period or (part thereof) of Network Unavailability in excess of that two hour period, Intelletrace will credit the Customer five percent (5%) of the applicable MRC not to exceed 25% of the total MRC for the applicable month (referenced in section 5.4 below) for all affected customer ports.