period of such 12
months for Bandwidth, on a month-by-month basis. In addition CUSTOMER is
responsible for ALL early termination fees for any telecommunications circuits
that are being used by CUSTOMER. There is NEVER a termination charge when
CUSTOMER upgrades to a higher level of service.
B.
Upon expiration or termination of this Agreement, for any reason, NAC shall
provide CUSTOMER with free and clear access to its facilities in order for
CUSTOMER to remove its owned equipment (COLLOCATION) placed at NAC's facilities.
C.
*
D.
In the event of CUSTOMER termination of this Agreement. NAC may:
a. Declare all amounts owed to NAC hereunder to be immediately, due and payable;
b. Request that CUSTOMER promptly return all hardware and/or software it
loaned/leased from NAC. CUSTOMER will provide NAC full and free access to the
hardware and/or software for this purpose, at a time agreed upon by both
parties; and,
c. Deny CUSTOMER further access to the INTERNET hereunder without liability on
the part of NAC to the CUSTOMER, providing that such deny of access shall not
occur during the 60 days notice period specified in Section 8 above.
3
9.
LIMITATION OF LIABILITY: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT
NAC HAS NOT MADE ANY GUARANTEES OR PROMISES WITH REGARD TO THE EXACT DATE OF THE
COMPLETE INSTALLATION AND OPERATIONAL STATUS OF CUSTOMER. CUSTOMER SHOULD NOT
TERMINATE ANY OTHER NETWORK OR ALTERNATIVE SERVICES CURRENTLY IN USE PRIOR TO
INSTALLATION BEING COMPLETE.
NAC SHALL NOT BE LIABLE TO CUSTOMER FOR ANY DELAYS IN THE PERFORMANCE OF
SERVICES HEREUNDER OR FOR ANY FAILURE TO PERFORM HEREUNDER IF SUCH DELAYS OR
FAILURES ARE DUE TO STRIKES, INCLEMENT WEATHER, ACTS OF GOD, OR OTHER CAUSES
BEYOND NAC'S REASONABLE CONTROL. NAC WILL NOT BE RESPONSIBLE FOR PERFORMANCE OF
ITS OBLIGATIONS HEREUNDER WHERE DELAYED OR HINDERED DUE TO WAR, RIOTS,
EMBARGOES, STRIKES, CONCEALED ACTS OF WORKMAN (WHETHER OF NAC OR OTHERS), OR
ACCIDENTS. NAC WILL NOTIFY CUSTOMER IN THE EVENT OF ANY OF THE FOREGOING
OCCURRENCES. SHOULD SUCH OCCURRENCE CONTINUE FOR MORE THAN FIFTEEN (15) DAYS,
NAC OR CUSTOMER MAY CANCEL SERVICE FOR THE AFFECTED SERVICES AND/OR PRODUCTS
WITHOUT FURTHER LIABILITY. IN SUCH AN EVENT CUSTOMER WILL NOT BE OBLIGATED TO
PAY ANY TERMINATIONS FEES WHATSOEVER.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO
THIS AGREEMENT, INCLUDING THE ACCURACY OR CORRECTNESS OF THE DATA BASES OR THE
INFORMATION CONTAINED THEREIN, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY THEREOF.
ANY CLAIM OR LEGAL ACTION ARISING OUT OF FAILURE, MALFUNCTION OR DEFECT IN NAC
SERVICES OR GOODS, OR ARISING FROM THIS AGREEMENT IN ANY RESPECT, SHALL BE
BROUGHT TO LIGHT WITHIN A PERIOD OF ONE YEAR FOLLOWING THE OCCURRENCE OF SAID
CLAIM OR SAID CLAIM SHALL BE DEEMED WAIVED.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, AND EXCEPT IN CASES OF, WILLFUL
MISCONDUCT OR FRAUD, EITHER PARTY's LIABILITY TO THE OTHER PARTY HEREUNDER, IF
ANY,