Common use of Conditions and Exclusions Clause in Contracts

Conditions and Exclusions. This SLA, and Customer’s entitlement to the remedies set out in this SLA, is subject to the following conditions and exclusions: (a) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified. (b) The Service Levels for Site Surveys and Installations are only applicable if Orange does not waive and Customer pays the charges for those services for the relevant Location. The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to provide Deployment and Maintenance Services in accordance with the Agreement. (c) All claims for credits for unachieved Service Levels must be received in writing within 60 days following the end of the measurement period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange. (d) The targets in this SLA will not be applied against any missed Service Levels that resulted from a failure by a third party telecom or service provider. (e) Notwithstanding anything to the contrary contained in this SLA, in no event will Customer be entitled to receive remedies for non-achievement of any Service Level if such non-achievement was caused by a Force Majeure Event, Third Party Intervention, or environmental conditions, or by any act or omission of Customer or any Customer-authorized user or agent.

Conditions and Exclusions. This SLA, and Customer’s entitlement to the remedies set out in this SLA, is subject to the following conditions and exclusions: (a) Except as otherwise provided in this SLA, all Service Levels for Operational Support Services are measured on a quarterly basis and will apply from the first full month following the Committed Delivery Date for the Operational Support Services at the relevant Location. (b) All Service Levels for Operational Support Services are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified. (bc) The Service Levels for Site Surveys and Installations are only applicable if Orange does not waive and Customer pays the charges for those services for the relevant Location. The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to provide Deployment and Maintenance the Operational Support Services in accordance with the Agreementthis SLA. (cd) All Customer must submit claims for credits for unachieved Service Levels must be received in writing to Orange within 60 days following the end of the measurement period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange. (de) The targets Service Levels in this SLA will not be applied against any missed apply to the extent that non-achievement of a Service Levels that Level resulted from a failure of network services or equipment being provided by a third party telecom telecommunications provider or service providerresulted from the third party vendor's refusal to cooperate with Orange in the resolution of the Incident. (ef) Notwithstanding anything to the contrary contained in this SLA, in no event will Customer be entitled to receive remedies for non-achievement of any Service Level if such non-achievement was caused by a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, Intervention or environmental conditions, or by any act or omission of Customer or any Customer-authorized user or agentof the Operational Support Services.

Conditions and Exclusions. This SLA, and Customer’s entitlement to the remedies set out in this SLA, is subject to the following conditions and exclusions: (a) All Service Levels are measured at the overall contract level, not at an individual Location, country country, or regional level, unless otherwise specified. (b) The Service Levels for Site Surveys and Installations are only applicable if (i) an Orange Project Manager is assigned to the project and (ii) Orange does not waive and Customer pays the charges for those services services, including project management, for the relevant Location. The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to provide Deployment and Maintenance Services in accordance with the Agreement. (c) All claims for credits for unachieved Service Levels must be received in writing within 60 days following the end of the measurement period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange. (d) The targets in this SLA will not be applied against any missed Service Levels that resulted from a failure by a third third-party telecom or service provider. (e) Notwithstanding anything to the contrary contained in this SLA, in no event will Customer be entitled to receive remedies for non-achievement of any Service Level if such non-achievement was caused by a Force Majeure Event, Third Party Intervention, or environmental conditions, or by any act or omission of Customer or any Customer-authorized user or agent.

Conditions and Exclusions. This SLA, and Customer’s entitlement to the remedies set out in this SLA, is subject to the following conditions and exclusions: (a) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified. (b) The Service Levels for Site Surveys and Installations are only applicable if (i) an Orange Project Manager is assigned to the project and (ii) Orange does not waive and Customer pays the charges for those services services, including project management, for the relevant Location. The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to provide Deployment and Maintenance Services in accordance with the Agreement. (c) All claims for credits for unachieved Service Levels must be received in writing within 60 days following the end of the measurement period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange. (d) The targets in this SLA will not be applied against any missed Service Levels that resulted from a failure by a third party telecom or service provider. (e) Notwithstanding anything to the contrary contained in this SLA, in no event will Customer be entitled to receive remedies for non-achievement of any Service Level if such non-achievement was caused by a Force Majeure Event, Third Party Intervention, or environmental conditions, or by any act or omission of Customer or any Customer-authorized user or agent.