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.
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 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. Points of Contact 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. EXHIBIT B ACCEPTABLE USE POLICY 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. 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. 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.
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. In addition to the termination provisions contained in the Agreement, in the event that Contractor: (i) fails to meet any of the Tier-1 SLA tasks (as set forth in the SLA Schedule) 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 in the SLA Schedule) for a period of six (6) consecutive months, IETF LLC shall have the right to terminate the Agreement, the relevant SOW or the affected Services or Subset, in each case upon at least sixty (60) days written notice to Contractor.
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. Points of Contact 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. EXHIBIT B ACCEPTABLE USE POLICY 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. If the availability of the storefront is below * * * during the term of the Service Exhibit (“Chronic Failure”), AT&T may treat such occurrence as a Material Breach of the Service Exhibit and AT&T may terminate for cause as set forth therein. Alternatively, if Supplier fails to meet the availability target for * * *, then Supplier and AT&T will formally initiate performance improvement plan in order to remedy the issue(s).
