Common use of Chronic Outage Clause in Contracts

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.

Appears in 6 contracts

Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement

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