Common use of Service Availability Credit Clause in Contracts

Service Availability Credit. (a) If Your request has been made in accordance with the Agreement, and has been positively verified by BluIP (“Valid Credit Claim”), You will be eligible to receive a Service Availability Credit in the amount of the applicable Service Availability Credit Percentage (below) multiplied by the applicable portion of then- current BluIP Communications Service Monthly Recurring Charge, stated under the applicable Service Order (“CS MRC”), as follows. (b) Notwithstanding anything to the contrary herein contained, for each Valid Credit Claim: (i) the Service Availability Outage per month is calculated based upon the combined number of minutes that the BluIP Communications Service fails to meet the Extension Threshold during each calendar month of Service; (ii) You will be entitled to receive Service Availability Credit utilizing only one Service Availability Percentage per Service Availability Outage in any calendar month (even if more than one Service Availability Percentage Outage Credits would be applicable). BluIP will not be liable for multiple Service Availability Credits (or any other recompense) for the same Service Availability Outage in the same calendar month; (iii) You will elect which Service Availability Credit Percentage You seek, as recompense, as part of Your credit request; (iv) the Service Availability Credit in any one calendar month shall not exceed 100% of the BluIP Communications Service MRC for the specific building location impacted; and, (v) Service Availability Credit will not be issued for any outage that occurs during the first ninety (90) days of an Initial Term. For packaged or bundled BluIP Communications Service (individual or groups of BluIP Communications Services packaged, marketed and/or sold together), the Service Availability Credit will be calculated based on the single combined BluIP Communications Service MRC for the packaged/bundled BluIP Communications Service, and not the monthly subscription fee for each individual or groups of BluIP Communications Service comprising the package/bundle. You may only submit Service Availability Credit requests with respect to one individual BluIP Communications Service in a package/bundle in a calendar month; BluIP will not be liable for Service Availability Credits with respect to more than one BluIP Communications Service in a package/bundle in any calendar month.

Service Availability Credit. (a) If Your request has been made in accordance with the Agreement, and has been positively verified by BluIP (“Valid Credit Claim”), You will be eligible to receive a Service Availability Credit in the amount of the applicable Service Availability Credit Percentage (below) multiplied by the applicable portion of then- then-current BluIP Communications Service Monthly Recurring Charge, stated under the applicable Service Order (“CS MRC”), as follows. (b) Notwithstanding anything to the contrary herein contained, for each Valid Credit Claim: (i) the Service Availability Outage per month is calculated based upon the combined number of minutes that the BluIP Communications Service fails to meet the Extension Threshold during each calendar month of Service; (ii) You will be entitled to receive Service Availability Credit utilizing only one Service Availability Percentage per Service Availability Outage in any calendar month (even if more than one Service Availability Percentage Outage Credits would be applicable). BluIP will not be liable for multiple Service Availability Credits (or any other recompense) for the same Service Availability Outage in the same calendar month; (iiiii) You will elect which Service Availability Credit Percentage You seek, as recompense, as part of Your credit request; (iviii) the Service Availability Credit in any one calendar month shall not exceed 100% of the BluIP Communications Service MRC for the specific building location impacted; and, (viv) Service Availability Credit will not be issued for any outage that occurs during the first ninety (90) days of an Initial Term. For packaged or bundled BluIP Communications Service (individual or groups of BluIP Communications Services packaged, marketed and/or sold together), the Service Availability Credit will be calculated based on the single combined BluIP Communications Service MRC for the packaged/bundled BluIP Communications Service, and not the monthly subscription fee for each individual or groups of BluIP Communications Service comprising the package/bundle. You may only submit Service Availability Credit requests with respect to one individual BluIP Communications Service in a package/bundle in a calendar month; BluIP will not be liable for Service Availability Credits with respect to more than one BluIP Communications Service in a package/bundle in any calendar month.