Common use of Unavailability of Services Clause in Contracts

Unavailability of Services. If the Services are unavailable for four (4) hours or more in any calendar month, REAL TIME shall be entitled to a credit equal to one (1) day's Service for each full four (4) hour period of unavailability, to be taken by REAL TIME as a credit against subsequent invoices for such Services, anytime within the immediately following two (2) months. In the event that Services are unavailable for more than four (4) hours at any one time, QUEST NET shall, at its sole cost, switch REAL TIME to another provider of the Services until such time as QUEST NET can resume providing Services. The period of unavailability will commence when REAL TIME notifies QUEST NET of unavailability or when QUEST NET notifies REAL TIME of same, and shall end when QUEST NET restores availability of the Service. If QUEST NET is unable to resume providing Services for a period of 5 days or more, REAL TIME shall have the option, at its sole discretion, to terminate this Agreement. The term "unavailable shall mean that the Services are not available for use by or being provided to REAL TIME. Services shall not be considered unavailable because of (i) any regularly scheduled downtime or preventive or other maintenance of which REAL TIME has been notified of in advance and has agreed to; (ii) any maintenance or service interruptions requested by REAL TIME; (iii) downtime or Service interruptions resulting from REAL TIME's acts or failure to act in a timely and/or proper manner when notified to do so by QUEST NET, including, without limitation, failure to install or properly use updates or to make available the Facilities or components for testing or repair or to otherwise comply with QUEST NET's instructions and service requirements; or (iv) regular configuration or re-configuration periods.