Other Available Remedies. Service Provider acknowledges and agrees that Liquidated Damages shall not be ALU’s sole or exclusive remedy as such relates to breach of this MSA, any failure by Service Provider to meet the Service Levels or failure to perform under this MSA by Service Provider. ALU shall not be precluded from claiming general damages should Liquidated Damages not fully compensate ALU for its recoverable losses; provided, however, Service Provider shall be granted a credit for any Liquidated Damages already paid to ALU relating to the Dispute against any damages awarded to ALU pursuant to such Dispute under this MSA. THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”. MASTER SERVICES AGREEMENT TERMS AND CONDITIONS
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Sources: Master Services Agreement (Goodman Networks Inc), Master Services Agreement (Goodman Networks Inc)
Other Available Remedies. Service Provider acknowledges and agrees that Liquidated Damages shall not be ALU’s sole or exclusive remedy as such relates to breach of this MSA, any failure by Service Provider to meet the Service Levels or failure to perform under this MSA by Service Provider. ALU shall not be precluded from claiming general damages should Liquidated Damages not fully compensate ALU for its recoverable losses; provided, however, Service Provider shall be granted a credit for any Liquidated Damages already paid to ALU relating to the Dispute against any damages awarded to ALU pursuant to such Dispute under this MSA. THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) PURSUANT TO RULE 406 24B-2 OF THE SECURITIES EXCHANGE ACT OF 19331934, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”. MASTER SERVICES AGREEMENT TERMS AND CONDITIONS
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