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Penalty fees must be negotiated before you get service.
Telcos negotiate penalties in the hundreds of thousands of dollars for their primary T-1 (and higher) connections. They would not dream of doing business without them. However good luck to you if you are a consumer negotiating any type of 'penalty' for service outages. Good companies will give you something, but usually its not enough to compensate for the loss in business. If the impact is severe enough (costs enough money) you should mitigate it with other solutions.