Chronic Failure. If the Availability Performance Requirement is (i) below [*****] in any [*****]; (ii) below [*****] in any [*****]; or (iii) below [*****] in any [*****] during the term of the Agreement (“Chronic Failure”), AT&T may terminate this Agreement upon written notice to LICENSOR. Such termination shall be AT&T’s sole remedy for a Chronic Failure.
Chronic Failure. If the Availability Performance Requirement is (i) below [*] in any [*]; (ii) below [*] in any [*] in a calendar year (“Chronic Failure”), AT&T may AT&T may terminate for convenience if ongoing chronic failures are not cured in accordance with corrective performance plan. You shall promptly provide a corrective performance plan in writing to resolve Chronic Failure and You shall promptly execute the corrective performance plan. Non- Performance Compensation — Service Availability as its sole and exclusive remedy for any failure to meet the Availability level noted, AT&T shall receive an adjustment to monthly invoice for shortfall in the Availability requirement per Table below.
4.2.1. Availability Credits Service Availability Monthly Invoice Credit for Availability Shortfall [*] [*] [*] [*] [*] [*] [*] [*] AT&T CONFIDENTIAL& PROPRIETARY 17 * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. All credits owed to AT&T must be requested by AT&T within [*] days of the end of the calendar month for which AT&T is entitled to a credit, and shall be credited against the Service Fees payable to MobiTV for the month following the calculation of the credit, or if the Agreement has terminated, MobiTV shall pay AT&T such amount within [*] days of the effective date of such termination.
Chronic Failure. If the communication service to any service site is less than 90% of uptime (as calculated above) for any 3 consecutive months, which level of service, after notice from Customer remains less than 90% of uptime for an additional 30 days (the cure period), then Customer may terminate the Services to such affected service site on 30 days’ written notice to RigNet. This remedy must be exercised by Customer within 60 days of the end of the month that triggers this termination right, and if not exercised within such 60-day time period, will be deemed waived. SERVICE OUTAGE REPORTING ISSUES SHOULD BE REPORTED BY EMAIL: xxxxxxxxxxxx@xxx.xxx Or visit xxxx://xxx.xxx.xxx/customer-care/ for the most up to date local support phone numbers. This Acceptable Use Policy (“Policy”) specifies the actions prohibited by RigNet, Inc. (“RigNet”) to users of RigNet’s various services, software and products, including the RigNet Internet Protocol Network (“Network”) and RigNet- provided equipment, whether by purchase, lease or otherwise (“Equipment”). RigNet reserves the right to modify the Policy at any time, effective when distributing the modified Policy to its customers.
Chronic Failure. In addition to the termination provisions contained in the Agreement, in the event that AMS: (i) fails to meet any of the Tier-1 SLA tasks (as set forth herein) for a total of three (3) consecutive months or for any four (4) months in any given six (6) month period, or (ii) fails to meet any of the Tier-2 SLA tasks (as set forth herein) for a period of six (6) consecutive months, ISOC shall have the right to terminate the Agreement, the relevant SOW or the affected Work or Subset, in each case upon at least sixty (60) days written notice to AMS.
Chronic Failure. In all cases, the ‘Client’ has the power to terminate the agreement immediately where the ‘service provider’ chronically fails to deliver the promised ‘services’. "Chronic failure" means that for two consecutive months the ‘service provider’ failed to deliver either (a) the minimum required service level of any of the ‘services’ subject to a service level metric under the agreement or (b) another substantial service required by the agreement, which is not subject to a service level metric. The service level metric under this agreement is as follows: • Application support: Failure to respond within 72 hours to 3 consecutive and different support issues raised by the ‘Client’.
Chronic Failure. CTIA may terminate this Agreement if Registry frequently fails to provide the Registry Services at one or more of the Service Levels, and such failure is evidenced by recurring events of the same or similar nature that are indicative of a systemic problem(s), and such problem(s) has been unaffected by Registry's repeated efforts to cure or is reasonably unlikely to be cured as a result of Registry's reasonably diligent efforts over a reasonable period, which in any event shall be no less than thirty (30) days.
Chronic Failure. The occurrence of any of the following will be deemed a “Chronic Failure”: (a) two (2) or more Severity 1 Errors within a Service Period, (b) five (5) or more Severity 2 Errors within a Service Period, (c) ten (10) or more Severity 3 Errors within a Service Period, or (d) Vendor’s failure to meet the Availability Requirement for five (5) Service Periods in any twelve (12) month period.
Chronic Failure a) A “Chronic Failure” shall be deemed to occur if thirty percent (30%) of the Service Level Agreements are missed in any three (3) months of any six (6) consecutive months; provided that the provisions relating to Chronic Failure set forth in this section 26.8 shall not apply to the establishment of any Interim Service Level.
b) For purposes of determining whether there is a Chronic Failure under this Section 26.8, a), in calculating the 30% level, if one event causes multiple Service Level Agreements to be missed, it will only count as one Service Level Agreement being missed.
c) In the event of a Chronic Failure under this section 26.8, the Province shall have the right, in its discretion, to terminate the Agreement without liability for any payment to the Contractor or its Subcontractors, relating to, in connection with or arising out of the Province’s termination of this Agreement provided that prior to exercising such right of termination, the Province shall have escalated the matter of such Chronic Failure to the Joint Relationship Sponsors through the Governance Process.
Chronic Failure. If the communication service to any service site is less than 90% of uptime (as calculated above) for any 3 consecutive months, which level of service, after notice from Customer remains less than 90% of uptime for an additional 30 days (the cure period), then Customer may terminate the Services to such affected service site on 30 days¶written notice to RigNet. This remedy must be exercised by Customer within 60 days of the end of the month that triggers this termination right, and if not exercised within such 60-day time period, will be deemed waived. SERVICE OUTAGE REPORTING ISSUES SHOULD BE REPORTED BY EMAIL: xxxxxxxxxxxx@xxx.xxx Or visit xxxx://xxx.xxx.xxx/customer-care/ for the most up to date local support phone numbers. 7KLV $FFHSWDEOH 8VH 3ROLF\ ³b3y RRigONeLt QFa\tar´W L L V³S5HLFJL1IHLWH´V WWKRH XDVF 5LJ1HW¶V YDULRXV VHUYLFHV VRIWZDUH DQG SURGXFWV LQFO RigNet-SURYLGHG HTXLSPHQW ZKHWKHU E\ SXUFKDVHh e rigOhtHtoDVH RU modify the Policy at any time, effective when distributing the modified Policy to its customers.
Chronic Failure. For purposes of this Agreement, “Chronic Failure” means, for any Service other than Emergency Unscheduled Service or failures related to force majeure events, the inability of Rocket Fiber to provide such Services: a) substantially in accordance with the Specifications, b) as evidenced by recurring, unfilled Service requests of the same or similar nature, c) occurring over not less than a three month period (or if similar Services were not regularly required over a consecutive three month period then during the last three consecutive times the Services were to be delivered), d) which are indicative of a systematic problem, and e) which remain without effort to remediate by Rocket Fiber following a root cause analysis. With respect to Emergency Unscheduled Services, “Chronic Failure” means the inability of Rocket Fiber to respond to the unscheduled maintenance event: a) within seventy-two hours where no circumstances outside the reasonable commercial control of Rocket Fiber exist, and 2) the portion of the GP Network affected carries mission-critical services that are self- provisioned by GPPSS. If GPPSS believes that a Chronic Failure exists, GPPSS shall provide written notice of such failure to Rocket Fiber and such notice shall include the dates of Service requests made by GPPSS and the reason why such Services did not meet the Specifications. If such written notice reasonably memorializes a Chronic Failure, Rocket Fiber will conduct a root cause analysis that identifies the changes necessary to perform Services in conformance with the Specifications, and Rocket Fiber shall implement such changes. If Rocket Fiber fails to promptly implement remedial action following a root cause analysis, GPPSS may, in GPPSS’ discretion, thereafter utilize a third party to deliver Services that were subject to the Chronic Failure until such time as Rocket Fiber can reasonably demonstrate that Rocket Fiber is capable of implementing such remedial action.
