Chronic Outage. If Customer experiences a Chronic Outage with respect to a Service, Customer shall have the right to elect either of the following remedies, which must be claimed as described in this SLA: (i) substitute a different Service or a different path for the Service that experienced the Chronic Outage without incurring any Termination Charge or installation fees; or (ii) terminate the affected Service for the path that experienced the Chronic Outage without incurring any Termination Charge.
Chronic Outage. If more than three (3) failures to meet the applicable Service Availability SLA due to a local loop failure (each a “Service Outage”), or more than twenty-four (24) aggregate hours of Service Outages, occurs over any thirty (30) consecutive day period (“Chronic Outage”), Customer shall have the option to either: (a) require Masergy to coordinate a replacement local loop with the local loop provider, and Masergy may elect to utilize a new local loop provider for the replacement local loop at no additional expense to Customer; or (b) terminate the affected circuit provided under this Agreement without liability upon written notice to Masergy; provided, such notice of termination is provided to Masergy within thirty (30) days of the Chronic Outage.
Chronic Outage. As its sole remedy, Customer may elect to terminate any affected Voice Service prior to the end of the Service Term without termination liability if the Service has “Chronic Trouble” as set forth in Section 1.7 of the SLA.
Chronic Outage. Customer may elect to terminate an affected (3)LinkSM Global Wavelength Service prior to the end of the Service Term without termination liability if, for reasons other than an Excused Outage, such (3)LinkSM Global Wavelength Service is Unavailable (as defined in Section 6(B) above) for *** or more separate occasions of more than *** each OR for more than *** hours in the aggregate in any calendar month. Level 3’s maintenance log will be used for purposes of calculating the duration of such Unavailability event as set forth above, a copy of which will be made available upon Customer’s request. In the absence of such a log, Customer may produce to Level 3 sufficient documentation to substantiate a claim of an Unavailability event. Customer may notify Level 3 of events of Unavailability by contacting Level 3 Customer Service at 1-877-4LEVEL3 (0-000-000-0000), or such other notice mechanism as Level 3 may communicate to Customer from time to time. Customer may only terminate such (3)LinkSM Global Wavelength Service that is Unavailable as described above, and must exercise its right to terminate the affected (3)LinkSM Global Wavelength Service under this Section, in writing, within thirty (30) days after the event giving rise to a right of termination hereunder, which termination will be effective as set forth by Customer in such notice of termination. Except for any credits that have accrued pursuant to Section 6, this Section 7 sets forth the sole remedy of Customer for chronic outages or interruptions of any (3)LinkSM Global Wavelength Service. For the avoidance of doubt, the parties acknowledge and agree that fiber cuts by third parties shall be deemed an Excused Outage. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Chronic Outage. Customer may elect to terminate an affected On-Net (3)Link® Private Line Service prior to the end of the Service Term without termination liability if, for reasons other than an Excused Outage.
(1) For Protected On-Net (3)Link® Private Line Service, such Protected On-Net (3)Link® Private Line Service is unavailable (as defined in Section 7(B) above) for four (4) or more separate occasions of more than two (2) hours each OR for more than twenty four (24) hours in the aggregate in any calendar month; or
(2) For Unprotected On-Net (3)Link® Private Line Service, such Unprotected On-Net (3)Link® Private Line Service is unavailable (as defined in Section 7(B) above) for three (3) or more separate occasions of more than twelve (12) hours each OR for more than forty two (42) hours in the aggregate in any calendar month. Customer may only terminate such On-Net (3)Link® Private Line Service that is unavailable as described above, and must exercise its right to terminate the affected On-Net (3) Link® Private Line Service under this Section, in writing, within thirty (30) days after the event giving rise to a right of termination hereunder, which termination will be effective as set forth by Customer in such notice of termination. Except for any credits that have accrued pursuant to Section 7, this Section 8 sets forth the sole remedy of Customer for chronic outages or interruptions of any (3)Link® Private Line Service SERVICE SCHEDULE (3)CENTER(R) COLOCATION (Version Issue Date 3/16/05)
Chronic Outage. An individual E-LINE Service qualifies for “Chronic Outage” status if such service fails to meet the Availability objectives, and one or more of the following: (a) a single Trouble Ticket extends for longer than 24 hours, (b) more than 3 Trouble Tickets extend for more than 8 hours, during a rolling 6 month period, or (c) 15 separate Trouble Tickets of any duration within a calendar month. If an E-LINE Service reaches Chronic Outage status, then Customer may terminate the affected E-LINE Service without penalty; provided that Customer must exercise such right within ten (10) days of the E-LINE Service reaching Chronic Outage status and provide a minimum of 15 days prior written notice to Ziply Fiber of the intent to exercise such termination right.
Chronic Outage. An individual DIA Service qualifies for “Chronic Outage” status if such service fails to meet the Availability objectives, and one or more of the following: (a) a single Trouble Ticket extends for longer than 24 hours, (b) more than 3 Trouble Tickets extend for more than 8 hours, during a rolling 6 month period, or (c) 15 separate Trouble Tickets of any duration within a calendar month. If an DIA Service reaches Chronic Outage status, then Customer may terminate the affected DIA Service without penalty; provided that Customer must exercise such right within ten (10) days of the DIA Service reaching Chronic Outage status and provide a minimum of 15 days prior written notice to Frontier of the intent to exercise such termination right.
Chronic Outage. An individual EIA Service qualifies for “Chronic Outage” status if such service fails to meet the Availability objectives, and one or more of the following: (a) a single Trouble Ticket extends for longer than 24 hours, (b) more than 3 Trouble Tickets extend for more than 8 hours, during a rolling 6 month period, or (c) 15 separate Trouble Tickets of any duration within a calendar month. If an EIA Service reaches Chronic Outage status, then Customer may terminate the affected EIA Service without penalty; provided that Customer must exercise such right within ten (10) days of the EIA Service reaching Chronic Outage status and provide a minimum of 15 days prior written notice to Frontier of the intent to exercise such termination right.
Chronic Outage. Any Domestic service for which Sprint fails to meet the guaranteed Network Availability SLA for three consecutive months will be defined as a “Chronic Problem.” Customer must notify Sprint in writing of a Chronic Problem. Sprint agrees to provide to Customer an action plan with respect to correction of such Chronic Problem within 15 days of receipt of Customer’s notice. If the Chronic Problem has not been corrected within 45 days after Sprint’s receipt of Customer’s notice, Customer may, within 30 days and upon written notice to Sprint, terminate the affected site.
Chronic Outage. As its sole remedy, Customer may elect to terminate a Service prior to the end of the Service Term without termination liability if, for reasons other than an Excused Outage, such Service experiences an Outage on three (3) or more separate occasions of more than twelve (12) hours each in any calendar month OR for more than twenty-four (24) hours in the aggregate in any calendar month. An “Outage” exists if the primary port is completely unable to send or receive traffic. An outage is an “Excused Outage” to the extent attributable, in whole or in part, to Customer’s or a third party’s acts or omissions, scheduled maintenance, a force majeure event or any other event beyond the control of Fidelity. The termination right must be exercised within 30 days of the events giving rise to it.
