Common use of Total Abatement Clause in Contracts

Total Abatement. Notwithstanding anything to the contrary set forth in this Article Ill, (A) in no event shall the total aggregate abatement under this Article Ill for any particular cross connection in any one (1) calendar month exceed the Monthly Service Fees payable by Licensee for that month for the cross connection in question (notwithstanding the amount or length of any Connectivity Failures with respect to such cross connection or otherwise); in the event there would otherwise be abatement under this Article Ill in excess of such Monthly Service Fees for that month for that cross connection, then the excess shall not carry over to any subsequent period and shall be deemed extinguished and of no force or effect.

Appears in 2 contracts

Sources: Contract #44973, Service Agreement