Events Excepted from Service Credit Sample Clauses

The 'Events Excepted From Service Credit' clause defines specific circumstances under which service credits—typically compensation or credits given for service failures—will not be granted. This clause usually lists events such as force majeure incidents, scheduled maintenance, or customer-caused issues that are excluded from the calculation of service credits. By clearly outlining these exceptions, the clause ensures that the service provider is not unfairly penalized for disruptions beyond their control, thereby allocating risk more equitably between the parties.
Events Excepted from Service Credit. Notwithstanding the foregoing, Customer shall not receive any Service Credit for any Service Outage, 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. Customer’s (including its agents, contractors and vendors) acts or omissions; b. Failure on the part of Customer Equipment, Customer provided optical fiber, End User equipment or Customer’s vendor’s equipment; c. Failure of electrical power not provided by Provider; d. Election by ▇▇▇▇▇▇▇▇, after requested by Provider, not to release the Service for testing and repair; e. Provider’s inability to obtain access required to remedy a defect in Service, including lack of access due to utility safety restrictions; f. Scheduled maintenance periods; g. Scheduled upgrade of Service at the request of Customer; h. Force Majeure Event; or i. Disconnection or suspension of the Service by Provider pursuant to a right provided under this Agreement.
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Events Excepted from Service Credit. Notwithstanding the foregoing, Subscribing Entity shall not receive any Service Credit for any Service Outage, 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: 9.6.1 Subscribing Entity’s (including its agents, contractors and vendors) negligence, intentional act, omission, default and/or failure to cooperate with Service Provider in addressing any reported Service problems, including failing to take any remedial action in relation to a Service as recommended by Service Provider within 30 days after receipt of such recommendation, or otherwise preventing Service Provider from doing so; 9.6.2 Failure on the part of Subscribing Entity Equipment, End User equipment or Subscribing Entity’s vendor’s equipment; 9.6.3 Failure of electrical power not provided by Service Provider; 9.6.4 Election by Subscribing Entity, after requested by Service Provider, not to release the Service for testing and repair; 9.6.5 Service Provider’s inability to obtain access required to remedy a Defect in Service; 9.6.6 Scheduled maintenance and emergency maintenance periods; 9.6.7 Scheduled upgrade of Service at the request of Subscribing Entity;
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Events Excepted from Service Credit. Notwithstanding the foregoing, Customer shall not receive any Service Credit for any Network Unavailability, 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. Customer’s (including its agents, contractors and vendors) negligence, intentional act, omission, default and/or failure to cooperate with Provider in addressing any reported Service problems, including failing to take any remedial action in relation to a Service as recommended by Provider, or otherwise preventing Provider from doing so; b. Failure on the part of Customer Equipment, Customer provided optical fiber, End User equipment or Customer’s vendor’s equipment; c. Failure of electrical power not provided by Provider; d. Election by ▇▇▇▇▇▇▇▇, after requested by Provider, not to release the Service 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 Customer; h. Force Majeure Event; i. Disconnection or suspension of the Service by Provider pursuant to a right provided under this Agreement; and/or j. Provider’s inability to repair due to utility safety restrictions.
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Related to Events Excepted from Service Credit

  • Involuntary Termination in Connection with a Change in Control Notwithstanding anything contained herein, in the event of an Involuntary Termination prior to a Change in Control, if the Involuntary Termination (1) was at the request of a third party who has taken steps reasonably calculated to effect such Change in Control or (2) otherwise arose in connection with or in anticipation of such Change in Control, then the Executive shall, in lieu of the payments described in Section 4 hereof, be entitled to the Post-Change in Control Severance Payment and the additional benefits described in this Section 5 as if such Involuntary Termination had occurred within two (2) years following the Change in Control. The amounts specified in Section 5 that are to be paid under this Section 5(h) shall be reduced by any amount previously paid under Section 4. The amounts to be paid under this Section 5(h) shall be paid within sixty (60) days after the Change in Control Date of such Change in Control.

  • Separation from Service A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination also constitutes a “Separation from Service” within the meaning of Section 409A and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

  • Disability Retirement If, as a result of your incapacity due to physical or mental illness, You shall have been absent from the full-time performance of your duties with the Company for 6 consecutive months, and within 30 days after written notice of termination is given You shall not have returned to the full-time performance of your duties, your employment may be terminated for "Disability." Termination of your employment by the Company or You due to your "Retirement" shall mean termination in accordance with the Company's retirement policy, including early retirement, generally applicable to its salaried employees or in accordance with any retirement arrangement established with your consent with respect to You.

  • Death or Permanent Disability If Grantee shall die or become permanently disabled while employed by the Company or one of its affiliates, this Option shall expire one (1) year after the date of such death or permanent disability. During such period after death, Grantee's legal representative or representatives, or the person or persons entitled to do so under Grantee's last will and testament or under applicable interstate laws, shall have the right to exercise this Option as to only the number of shares to which Grantee was entitled to purchase on the date of his/her death.

  • Termination of Employment; Change in Control (i) For purposes of the grant hereunder, any transfer of employment by the Optionee within the Hexcel Group shall not be considered a termination of employment by the applicable member of the Hexcel Group. (x) If the Optionee’s employment with a member of the Hexcel Group is terminated for Cause (as defined in the last Section hereof), the Option, whether or not then vested and exercisable, shall be automatically terminated as of the date of such termination of employment. Subject to Section 5(c)(ii), if the Optionee’s employment with a member of the Hexcel Group shall terminate other than by reason of Retirement (as defined in the last Section hereof), Disability (as defined in the last Section hereof), death or Cause, the Option (to the extent then vested and exercisable) may be exercised at any time within ninety (90) days after such termination (but not beyond the Term of the Option). The Option, to the extent not then vested and exercisable, shall immediately expire upon such termination. (y) If, while employed by a member of the Hexcel Group, the Optionee dies or is terminated by a member of the Hexcel Group following Disability, the Option shall (I) become fully and immediately vested and exercisable and (II) remain exercisable for one year from the date of termination of employment on account of death or following Disability (but not beyond the Term of the Option). (z) Subject to Section 5(c)(ii), if the Optionee’s employment with a member of the Hexcel Group terminates by reason of Retirement, (A) the Option shall, if not fully vested and exercisable at the time of such termination, continue to vest and become exercisable in accordance with Section 5(b) above, and (B) the Option shall expire upon the earlier to occur of the five-year anniversary date of such Retirement and the expiration of the Term. If the Optionee dies during the five-year period immediately following the Retirement of the Optionee, the Option shall (I) become fully and immediately vested and exercisable and (II) remain exercisable for the remainder of the five-year period from the date of Retirement (but not beyond the Term of the Option).