Common use of Performance Expectations Clause in Contracts

Performance Expectations. Based upon its standard engineering evaluations, Link analysis, expected weather patterns for the Link to be installed, manufacturer's Equipment specifications, anticipated site environment and ART's experience, ART expects to provide the Services, with a Bit Error Rate of better than 10-13 over each Circuit in unfaded conditions, and Service over each Circuit that has an Availability of better than 99.995% in the aggregate during each month. Purchaser expressly acknowledges that: (i) this Section sets forth the parties' expectations only; (ii) ART is not obligated to meet the Performance Expectations of this Section 9.1.; (iii) that such failure shall not constitute a breach of this Agreement, provided that ART is exercising reasonable efforts to meet these expectations; and (iv) Purchaser is entitled only to Outage credits as specified in Section 12 for any failure by ART to meet the Performance Expectations of this Section 9.1.

Performance Expectations. Based upon its standard engineering evaluations, Link analysis, expected weather patterns for the Link to be installed, manufacturer's Equipment specifications, anticipated site environment and ART's experience, ART expects to provide the Services, with a Bit Error Rate of better than 10-13 over each Circuit in unfaded conditions, and Service over each Circuit that has an Availability of better than 99.995% in the aggregate during each month. Purchaser ISP expressly acknowledges that: (i) this Section sets forth the parties' expectations only; (ii) ART is not obligated to meet the Performance Expectations of this Section 9.1.11.1; (iii) that such failure shall not constitute a breach of this Agreement, provided that ART is exercising reasonable efforts to meet these expectations; and (iv) Purchaser ISP is entitled only to Outage credits as specified in Section 12 14 for any failure by ART to meet the Performance Expectations of this Section 9.111.1.

Performance Expectations. Based upon its standard engineering evaluations, Link analysis, expected weather patterns for the Link to be installed, manufacturer's Equipment specifications, anticipated site environment and ART's experience, ART expects to provide the Services, with a Bit Error Rate of better than 10-13 10 TO THE NEGATIVE THIRTEENTH POWER over each Circuit in unfaded conditions, and Service over each Circuit that has an Availability of better than 99.995% in the aggregate during each month. Purchaser Reseller expressly acknowledges that: (i) this Section sets forth the parties' expectations only; (ii) ART is not obligated to meet the Performance Expectations of this Section 9.18.1.; (iii) that such failure shall not constitute a breach of this Agreement, provided that ART is exercising reasonable efforts to meet these expectations; and (iv) Purchaser Reseller is entitled only to Outage credits as specified in Section 12 11 for any failure by ART to meet the Performance Expectations of this Section 9.18.1.

Performance Expectations. Based upon its standard engineering evaluations, Link analysis, expected weather patterns for the Link to be installed, manufacturer's Equipment specifications, anticipated site environment and ART's experience, ART expects to provide the Services, with a Bit Error Rate of better than 10-13 10^(-13) over each Circuit in unfaded conditions, and Service over each Circuit that has an Availability of better than 99.995% in the aggregate during each month. Purchaser expressly acknowledges that: (i) this Section sets forth the parties' expectations only; (ii) ART is not obligated to meet the Performance Expectations of this Section 9.18.1.; (iii) that such failure shall not constitute a breach of this Agreement, provided that ART is exercising reasonable efforts to meet these expectations; and (iv) Purchaser is entitled only to Outage credits as specified in Section 12 11 for any failure by ART to meet the Performance Expectations of this Section 9.18.1.

Performance Expectations. Based upon its standard engineering evaluations, Link analysis, expected weather patterns for the Link to be installed, manufacturer's Equipment specifications, anticipated site environment and ART's experience, ART expects to provide the Services, with a Bit Error Rate of better than 10-13 over each Circuit in unfaded conditions, and Service over each Circuit that has an Availability of better than 99.995% in the aggregate during each month. : Purchaser expressly acknowledges that: (i) this Section sets forth the parties' expectations only; (ii) ART is not obligated to meet the Performance Expectations of this Section 9.1.; (iii) that such failure shall not constitute a breach of this Agreement, provided that ART is exercising reasonable efforts to meet these expectations; and (iv) Purchaser is entitled only to Outage credits as specified in Section 12 for any failure by ART to meet the Performance Expectations of this Section 9.1.