Firm Order Commitment. No Firm Order Commitment (“FOC”) issued by Stratus Networks, Inc. or its underlying carrier shall be considered guaranteed in any manner. In no way shall Stratus Networks, Inc.’s inability or failure to deliver any ordered Service by the date of issuance of an FOC (“FOC Date”) be considered a default under the Agreement and Stratus Networks, Inc. shall not be liable to Customer for any costs or damages of any kind that Customer may incur in anticipation of the FOC Date, including but not limited to lost revenue, lost profit, travel expenses, technician costs, etc.
Appears in 4 contracts
Sources: Service Agreement, Service Agreement, Service Agreement