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Chronic Outage Sample Clauses

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 OutageCustomer 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 OutageIn the event a Service experiences three (3) or more outages resulting in the granting of Outage Credits in any contiguous thirty (30) day period or more than twenty-four (24) hours of continuous outage on a Service, Customer may, upon notice, terminate the affected Service without incurring Termination Liability for that Service. Notwithstanding the foregoing, following an outage, for no less than the twenty-four (24) hour period following the initiation of corrective action by FirstLight to restore the affected Service, any subsequent interruption to the Service prior to FirstLight confirming the Service is restored and the event causing the outage has been corrected, shall not be a separate outage and shall not contribute to the three (3) outages granting Customer the right to terminate the affected Service without Termination Liability. For the sake of clarity, any outage due to events of Force Majeure and/or faults or omissions of any third-party telecommunications systems, networks, or operators in the jurisdictions in which it operates shall not contribute to the three (3) outages granting Customer the right to terminate the affected Service without Termination Liability.
Chronic OutageAn 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 Frontier of the intent to exercise such termination right.
Chronic OutageCustomer 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. (3) CENTER® COLOCATION
Chronic OutageCustomer may elect to terminate an affected On-Net (3)Link(R) 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(R) Private Line Service, such Protected On-Net (3)Link(R) 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(R) Private Line Service, such Unprotected On-Net (3)Link(R) 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(R) Private Line Service that is unavailable as described above, and must exercise its right to terminate the affected On-Net (3)Link(R) 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(R) Private Line Service. SERVICE SCHEDULE (3)CENTER(R) COLOCATION 1. Applicability. This Service Schedule is applicable only where Customer orders Colocation Space and associated services (i.e., power and (3)TechSM Service).
Chronic OutageCustomer may terminate the Affected Service(s) in the event of a Chronic Service Termination Event with respect to such Affected Service(s). If such Chronic Service Termination Event occurs and Customer desires to terminate such Affected Service(s), Customer shall provide Cyxtera with written notification detailing the performance deficiency(ies) giving rise to such Chronic Service Termination Event, which notice must be sent within thirty (30) days following such Chronic Service Termination Event. Termination shall be effective as of the date specified in the Customer’s termination notice, but in no event later than sixty (60) days from Cyxtera’s receipt of Customer’s termination notice. Customer will not be obligated to pay Cyxtera any “early termination feesin connection with such termination, but shall remain obligated for paying all amounts due and owing to Cyxtera through the date of such termination. In the event of any such termination, Customer will be entitled to a refund of all pre-paid fees with respect to such terminated Affected Service(s) relating to periods of time following such termination. If Customer fails to provide Cyxtera with timely notification as set forth herein, Customer will be deemed to have waived its right to terminate such Affected Service.
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.