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 Colocation Outage, failure to meet any objectives or parameters hereunder, or delay in performing repairs, arising from or caused, in whole or in part, by the following 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, End User equipment or Licensee’s vendor’s equipment; c. Failure of electrical power not provided by Provider; d. Election by Licensee, after requested by Provider, not to release the Product for testing and repair; e. Provider’s inability to obtain access required to remedy a defect in Service; f. Scheduled maintenance and emergency maintenance periods; g. Scheduled upgrade of Service at the request of Licensee;