Common use of Events Excepted From Product Credit Clause in Contracts

Events Excepted From Product Credit. Notwithstanding the foregoing, Licensee shall not receive any Product Credit for any Product Outage, Product Performance Failure, failure to meet any objectives or parameters hereunder, or delay in performing repairs, arising from or caused, in whole or in part, by any of the following events: a. Licensee’s (including its agents, contractors and vendors) acts or omissions; b. Failure on the part of Licensee Equipment, end user equipment or Licensee’s vendor’s equipment; c. Failure of electrical power not provided by Crown Castle; d. Election by Licensee, after requested by Crown Castle, not to release the Product for testing and repair; e. Crown Castle’s inability to obtain access required to remedy a defect; f. Scheduled maintenance periods; g. Scheduled upgrade of Product at the request of Licensee;

Events Excepted From Product Credit. Notwithstanding the foregoing, Licensee shall not receive any Product Credit for any Product Outage, Product Performance Failure, failure to meet any objectives or parameters hereunder, or delay in performing repairs, arising from or caused, in whole or in part, by any of the following events:events (collectively referred to as “Excluded Events”): a. Licensee’s (including its agents, contractors and vendors) acts or omissions; b. Failure on the part of Licensee Equipment, Licensee provided optical fiber, Licensee’s end user equipment or Licensee’s vendor’s equipment; c. Failure of electrical power not provided by Crown Castle; d. Election by Licensee, after requested by Crown Castle, not to release the Product for testing and repair; e. Crown Castle’s inability to obtain access required to remedy a defectdefect in the Product or restore DDoS Defense; f. Scheduled maintenance and emergency maintenance periods; g. Scheduled upgrade of Product at the request of Licensee;

Events Excepted From Product Credit. Notwithstanding the foregoing, Licensee shall not receive any Product Credit for any Product Outage, Product Performance Failure, failure to meet any objectives or parameters hereunder, or delay in performing repairs, arising from or caused, in whole or in part, by any of the following events: a. Licensee’s (including its agents, contractors contractors, and vendors) acts or omissions; b. Failure on the part of Licensee Equipment, Licensee provided optical fiber, Licensee’s end user equipment or Licensee’s vendor’s equipment; c. Failure of electrical power not provided by Crown Castle; d. Election by Licensee, after requested by Crown Castle, not to release the Product for testing and repair; e. Crown Castle’s inability to obtain access required to remedy a defect; f. Scheduled maintenance periods; g. Scheduled upgrade of Product at the request of Licensee;