Common use of Maintenance and faults Clause in Contracts

Maintenance and faults. The parties acknowledge and agree that: (a) OptiComm will conduct maintenance on the Network in accordance with the Service Level Agreement; (b) OptiComm does not warrant that the Services will be free of blockages, interruptions, delays or Faults, but will remedy any Fault or problem in accordance with this Agreement; (c) if the Customer becomes aware or reasonably suspects the existence of a Fault or any event or circumstance that is causing or likely to cause an interruption or degradation to a Service or otherwise detects a degradation in a Service that could lead to a Fault occurring, it will notify OptiComm as soon as reasonably possible using the process specified in the Service Level Agreement; and (d) unless caused by OptiComm's negligence or fair wear and tear, the Customer is responsible for the reasonable cost of repairing damage to OptiComm facilities that are installed on End-user premises.