Common use of Network Disruption Clause in Contracts

Network Disruption. If the interconnection of Landlord or Resident equipment results in any observable service disruption (including, without limitation, a measurable reduction of service levels, equipment or network malfunctions or failures, or excessive event alarms) and the disruption is caused by or arises from the Landlord or Resident equipment or acts or omissions of the Landlord, then the following apply: (a) If the disruption is not a Service Threatening Disruption, then UC2B will notify Landlord promptly of such disruption and Landlord will have seventy-two (72) hours (or such longer period as may be mutually agreed to by UC2B and Landlord) to eliminate the source of the disruption. If Landlord is unable to eliminate the source of disruption within the required time period, then UC2B may apply any operating procedures then in effect by UC2B to eliminate disruptions of similar nature and Landlord and Resident will (a) cooperate with such efforts, and be responsible for all reasonable out-of-pocket expenses as communicated to Landlord in a timely manner by UC2B, caused by Landlord’s or Resident’s negligence or willful misconduct and actually incurred by UC2B in eliminating the disruption. (b) If the disruption is a Service Threatening Disruption, then UC2B may at any time, without prior notice to Landlord or Resident, take immediate action to eliminate such Service Threatening Disruption. UC2B shall notify Landlord immediately after action is taken and, upon notice, UC2B is entitled to immediate access to the Landlord’s Premises and each Residential Unit. Landlord will provide any assistance reasonably requested by UC2B. In taking such action, UC2B will use its reasonable best efforts to minimize any disruption to Landlord’s operations and will use its reasonable best efforts to restore service to Landlord promptly. Landlord will be responsible for all reasonable out-of-pocket expenses actually incurred by UC2B to resolve any Service Threatening Disruption.