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. 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).
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. 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. Should Contractor fail to correct any Defect in any Work, Equipment and Materials, items or parts, and such failure occurs more than twice during the Warranty Period, Contractor shall prepare a root cause analysis, reasonably acceptable to Owner, that defines the changes, repairs or replacements to the Work, Materials and Equipment, item or part necessary to avoid further failures of such Work, Materials and Equipment, items or part, and shall perform and complete all changes, repairs or replacements indicated in such root cause analysis, regardless of whether the Warranty Period, as extended pursuant to Section 17.3, shall have expired. In each case, Contractor shall repeat such process on an iterative basis until the Defect is corrected.