Tariff Advice No. 1
Issued by:
Effective Date: August 7, 2010
Jon Brinton, President
Mitel NetSolutions, Inc.
7300 W. Boston Street
Chandler, Arizona 85226-3229
MITEL NETSOLUTIONS, INC.
RCA No. 3014
Original Sheet No. 25
SECTION 2 - RULES AND REGULATIONS (continued)
2.10 Disclaimer of Warranties and Limitation of Liabilities of the Company
2.10.1 The Company's liability for damages arising out of mistakes, interruptions,
omissions, delays, errors or defects in the installation, transmission, provision,
termination, maintenance, repair, or restoration occurring in the course of
furnishing Service(s) or Facilities, representations, or use of these Services shall,
in no event, exceed an allowance equivalent to the proportionate charge to the
Customer for the period during which the faults in transmission occur, as
described in Sections 2.27 et seq.
2.10.2 When the Company uses the Facilities of other carriers, the Company is not liable
for any act or omission of the other carrier(s).
2.10.3 The Company shall not be liable for claim or loss, expense or damage (including,
but not limited to, direct, indirect, reliance, consequential, incidental, or special
damages or lost revenues or profits), for any interruption, delay, error, omission,
or defect in any Service, Facility or transmission provided under this Tariff, if
caused by any person or entity other than the Company, its employees, or agents,
by any malfunction of any Service or Facility provided by an Underlying Carrier,
by an Act of God, fire, war, civil disturbance, or act of government, or by any
other cause beyond the Company's direct control, whether a claim for such
liability is premised upon breach of contract, tort, misrepresentation, fraud, or any
other theory, and regardless of the foreseeability of such damages.
2.10.4 The liability of the Company for damages arising out of the furnishing of its
Services including, but not limited to, Service outages, installation, activation,
termination, delay, transfers, interruptions, errors or other defects, representations
by the Company, or use of the Services or damages arising out of the failure to
furnish the Service whether caused by act or omission, shall be limited to the
extension of allowances for interruption as described in Sections 2.27 et seq. and
shall be the sole remedy of the Customer and the sole liability of the Company.