Network Unavailability Clause Samples

The Network Unavailability clause defines the circumstances under which a network service may be considered unavailable and outlines the rights and obligations of the parties during such periods. Typically, this clause specifies what constitutes network downtime, how outages are measured, and any exclusions such as scheduled maintenance or force majeure events. Its core practical function is to set clear expectations regarding service reliability and to allocate responsibility or remedies, such as service credits, in the event of network disruptions.
Network Unavailability. The performance objective for the MIS Site Availability/Time to Restore SLA is for the MIS Site Availability to be 100%. If FWC does not meet this performance objective in any given calendar month, Client will be eligible for an MIS Site Availability/Time to Restore SLA credit for each Outage equal to the product of Client’s total discounted Covered MIS Monthly Charges for the affected MIS Ports by a percentage based on the duration of (Time to Restore) the Outage, as set forth in the MIS Site Availability/Time to Restore SLA Credit Table below (“Service Credit”). Network Unavailability shall be deemed to begin upon the earlier of FWC’s actual knowledge of the Network Unavailability or FWC’s receipt of notice from Client of the Network Unavailability, and end when the Service is operational such that the Service is again able to transmit and receive packets to/from the Network and Access Port or Ports, as documented by FWC’s records. Network unavailability does not apply to outages due to a power failure; due to failure of Client’s local network; due to the failure or malfunction of non-FWC services, equipment, facilities, or systems; due to circumstances or causes (i.e. force majeure or act of God) beyond the control of FWC or its agents; caused in whole or in part by the negligence or acts or omissions of Client or its end users or its agents; or due to the failure or malfunction of services, equipment, facilities, or systems outside the FWC network past the point of minimum point of entry at the Client’s site. Where Client provides its own local access circuits, any periods of Network Unavailability caused by failure of such local access circuits shall be further excluded from any calculation of Network Unavailability. Notwithstanding anything to the contrary in this SLA, in the Agreement or in any SOW, in no event shall any Network Unavailability or failure to meet any objectives or parameters under this SLA be deemed to be or constitute a breach by FWC of this SLA, the Agreement or any SOW.
View SourceView Similar (3)
Network Unavailability. Each of the parties acknowledges that ---------------------- the Internet network or any of the networks or equipment referred to herein may be unavailable periodically for the purposes of maintenance and/or upgrades. Each of the parties further acknowledges that periodic service outages, known as "brownouts," may occur in connection with the network. Each of the parties shall use all reasonable efforts to minimize any such interruptions and brownouts with respect to equipment or other aspects of the network and network infrastructure which it controls. Each party agrees to hold the other party harmless of any and all losses arising to such party and/or any third parties as a result of "brownouts," service interruptions and server unavailability. Notwithstanding the foregoing, in the event that either Net2Phone or IDT suffers a "brownout" from the equipment or rights of access referenced in this Section 1 for any reason, IDT or Net2Phone, as the case may be, shall use reasonable commercial efforts to obtain a rebate or other concession from any third party which may have responsibility for such unavailability. In case either party receives any such rebate or concession, such party shall share any such rebate or concession with the other in a manner reflecting the relative loss of usage incurred by each of Net2Phone and IDT.
View SourceView Similar (2)
Network Unavailability. Subject to this Section 5, in the event of Network Unavailability to any Internet Service, Licensee may be entitled to a credit (a “Product Credit”) in accordance with the applicable Service Level Objective set forth below in this Section 5.1. Network Unavailability shall be deemed to begin upon the earlier of Company’s actual knowledge of the Network Unavailability or Company’s receipt of notice from Licensee of the Network Unavailability, and end when the Product is operational such that the Product is again able to transmit and receive packets to/from the IP Core Network and Access Port or Ports, as documented by Company’s records. Where Licensee provides its own local access circuits, any periods of Network Unavailability caused by failure of such local access circuits shall be excluded from any calculation of Network Unavailability. Notwithstanding anything to the contrary in this Supplement, in the Agreement or in any Order Form, in no event shall any Network Unavailability or failure to meet any objectives or parameters under this Supplement be deemed to be or constitute a breach by Company of this Supplement, the Agreement or any Order Form. Duration of Network Unavailability Product Credit Up to 45 Minutes No credit > 45 Minutes to Four Hours 10% of applicable MRC > Four Hours to Eight Hours 20% of applicable MRC > Eight Hours to Twelve Hours 40% of applicable MRC > Twelve Hours to Twenty-Four Hours 50% of applicable MRC > Twenty-Four Hours 100% of applicable MRC
View SourceView Similar (2)
Network Unavailability. Each of the parties acknowledges ---------------------- that the Internet network or any of the networks or equipment referred to herein may be unavailable periodically for the purposes of maintenance and/or upgrades. Each of the parties further acknowledges that periodic service outages, known as "brownouts," may occur in connection with the server. Each of the parties shall use all reasonable efforts to minimize any such interruptions and brownouts with respect to equipment or other aspects of the network and network infrastructure which it controls. Each party agrees to hold the other party harmless of any and all losses arising to such party and/or any third parties as a result of "brownouts," service interruptions and server unavailability. Each of the parties acknowledges that data stored on the Internet Network may be lost due to accidents or unforeseen circumstances. Each of the parties agrees to make daily backup copies of its own data stored on the Internet Network.
View Source

Related to Network Unavailability

  • Unavailability In the event that the Administrative Agent shall have determined in good faith (i) that U.S. dollar deposits in the principal amounts requested with respect to a Eurodollar Loan are not generally available in the London interbank Eurodollar market or (ii) that reasonable means do not exist for ascertaining the Eurodollar Rate, the Administrative Agent shall, as soon as practicable thereafter, give notice of such determination to the Borrowers and the Lenders. In the event of any such determination under clauses (i) or (ii) above, until the Administrative Agent shall have advised the Borrowers and the Lenders that the circumstances giving rise to such notice no longer exist, (A) any request by a Borrower for Eurodollar Loans shall be deemed to be a request for Base Rate Loans (or Absolute Rate Competitive Bid Loans, as the case may be), and (B) any request by a Borrower for conversion into or continuation of Eurodollar Revolving Loans shall be deemed to be a request for conversion into or continuation of Base Rate Loans.

  • Connectivity User is solely responsible for providing and maintaining all necessary electronic communications with Exchange, including, wiring, computer hardware, software, communication line access, and networking devices.

  • Availability of Verizon Telecommunications Services 3.1 Verizon will provide a Verizon Telecommunications Service to PNG for resale pursuant to this Attachment where and to the same extent, but only where and to the same extent that such Verizon Telecommunications Service is provided to Verizon’s Customers. 3.2 Except as otherwise required by Applicable Law, subject to Section 3.1 of this Attachment, Verizon shall have the right to add, modify, grandfather, discontinue or withdraw Verizon Telecommunications Services at any time, without the consent of PNG. 3.3 To the extent required by Applicable Law, the Verizon Telecommunications Services to be provided to PNG for resale pursuant to this Attachment will include a Verizon Telecommunications Service customer-specific contract service arrangement (“CSA”) (such as a customer specific pricing arrangement or individual case based pricing arrangement) that Verizon is providing to a Verizon Customer at the time the CSA is requested by PNG.

  • Bandwidth the amount of data (quantified as “Mbps” or “Gbps”) made available to Customer as specified in a Service Order.

  • Unavailability of Tenor of Benchmark Notwithstanding anything to the contrary herein or in any other Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (i) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (A) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (B) the regulatory supervisor for the administrator of such ▇▇▇▇▇▇▇▇▇ has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definition) for any Benchmark settings at or after such time to remove such unavailable or non-representative tenor and (ii) if a tenor that was removed pursuant to clause (i) above either (A) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (B) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definition) for all Benchmark settings at or after such time to reinstate such previously removed tenor.