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Chronic Trouble Sample Clauses

Chronic TroubleCustomer may terminate an Order for cause if Customer experiences “Chronic Trouble” under an applicable SLA for the Services in such Order. Chronic Trouble means Customer has experienced more than four Events with the same Service, as determined by Element Critical acting reasonably, within a 90-day period measured from the date of the first Event. Additionally, if a Service Level violation specified in sections 4(c) Power Availability or 4(d) Environmental Envelope, persist for more than 72 consecutive hours, Customer may terminate the Order containing the affected Service(s) but not this Agreement, for cause. Customer must give written notice of their intent to terminate the affected Services within 30 days of the Event or 72-hour Event triggering Chronic Trouble. Said termination will be Customer’s sole and exclusive remedy for the applicable Chronic Trouble or 72-hour Event. Said termination will take effect 30 days after Customer gives Element Critical the termination notice.
Chronic TroubleCustomer may terminate an applicable Order for cause (but not this Agreement) if Customer experiences “chronic trouble” under an applicable SLA, provides written notice to EO describing in detail the chronic trouble (inclusive of dates, times, and descriptions of every specific event or issue contributing to said chronic trouble), and EO fails to cure the breach within 30 days following receipt of written notice from the non- breaching party (excluding any breaches relating to the payment of Fees set forth in Section 3, which shall not require further notice) (the “Cure Period”) . An individual “Event” means any failure by EO to satisfy the corresponding Service Level in an SLA. Customer expressly understands and agrees that it may not
Chronic Trouble. (a) Reporting. Whenever a Customer reports to XO that a Service has Chronic Trouble, XO will immediately investigate and report its findings to Customer.
Chronic Trouble. A Dedicated Internet Access circuit is considered to have Chronic Trouble in the event that PCAIPL is unable to restore the service on three (3) or more separate occasions of more than ten (10) hours each or for more than thirty-six (36) cumulative hours in any given calendar month. The Customer shall have the option to either (a) obtain credits as set forth above or (b) terminate the affected circuit without liability provided the findings from the Chronic Trouble investigation find no fault is caused, or Contributed to, directly or indirectly, by any act or omission of Customer and / or end user, affiliates, Agents or representatives.
Chronic TroubleThe Service is considered to have chronic trouble if the dedicated instance of the Service experiences: (i) a single Service Outage in excess of seventy-two (72) hours, (ii) three (3) or more Service Outages in any thirty (30) consecutive day period, or (iii) five (5) or more Service Outages in any six (6) month period (each, a “Chronic Trouble”). In the event of Chronic Trouble, Customer shall have the right to terminate the affected Service without further liability to Integra, provided that written notice of termination is provided to Integra within thirty (30) days of the Chronic Trouble giving rise to the termination right under this Section. If Customer does not exercise its termination right within such thirty (30) day period, such right shall lapse with respect to that instance of Chronic Trouble and Customer will have waived its termination right.
Chronic Trouble. INAP will be considered to have materially breached an Order (but not this Agreement) and Customer may terminate the applicable Order for cause if Customer experiences “chronic trouble” under an applicable SLA. “Chronic trouble” means Customer has experienced more than three Events with the same Service, as determined by INAP acting reasonably, within a 60-day period (measured from the date of the first Event). An individual “Event” means failure to satisfy the corresponding Service Level (defined in Section 9.1) in an SLA.
Chronic TroubleIn the event a Service experiences three (3) or more outages resulting in the granting of Outage Credits in any contiguous ninety (90) 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.
Chronic Trouble. A Dedicated Internet Access circuit is considered to have Chronic Trouble in the event that PSL is unable to restore the service on three (3) or more separate occasions of more than ten (10) hours each or for more than thirty-six (36) cumulative hours in any given calendar month. The Customer shall have the option to either (a) obtain credits as set forth above or (b) terminate the affected circuit without liability provided the findings from the Chronic Trouble investigation find no fault is caused, or Contributed to, directly or indirectly, by any act or omission of Customer and / or end user, affiliates, Agents or representatives.
Chronic Trouble 

Related to Chronic Trouble

  • Electronic Trading Trading on an electronic trading system may differ from trading on other electronic trading systems. If you undertake transactions on an electronic trading system, you will be exposed to risks associated with the system including the failure of hardware and software. The result of any system failure may be that your order is either not executed according to your instructions or is not executed at all.

  • Electronic Transactions The parties hereto agree that the transactions described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law.

  • Electronic Transfer Electronic transfer of the Offered Securities shall be made at the time of purchase in such names and in such denominations as the Representative shall specify.

  • Electronic Transmissions (a) Each of the Agent, the Company and its Subsidiaries, the Banks, and each of their Affiliates is authorized (but not required) to transmit, post or otherwise make or communicate, in its sole discretion, Electronic Transmissions in connection with any Loan Document and the transactions contemplated therein. The Company and its Subsidiaries hereby acknowledges and agrees that the use of Electronic Transmissions is not necessarily secure and that there are risks associated with such use, including risks of interception, disclosure and abuse and each indicates it assumes and accepts such risks by hereby authorizing the transmission of Electronic Transmissions. (b) All uses of an E-System shall be governed by and subject to, in addition to Section 13.6 and this Section 13.24, any separate terms and conditions posted or referenced in such E-System and any related contractual obligations executed by the Agent, the Company and its Subsidiaries and the Banks in connection with the use of such E-System. (c) All E-Systems and Electronic Transmissions shall be provided “as is” and “as available”. None of the Agent or any of its Affiliates warrants the accuracy, adequacy or completeness of any E-Systems or Electronic Transmission, and each disclaims all liability for errors or omissions therein. No warranty of any kind is made by the Agent or any of its Affiliates in connection with any E Systems or Electronic Transmission, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects. The Agent, the Company and its Subsidiaries, and the Banks agree that the Agent has no responsibility for maintaining or providing any equipment, software, services or any testing required in connection with any Electronic Transmission or otherwise required for any E-System. The Agent and the Banks agree that the Company shall have no responsibility for maintaining or providing any equipment software, services or any testing required in connection with any Electronic Transmission or otherwise required for any E-System.

  • Electronic Transfer of Information Grantee will establish and maintain adequate internal controls, security, and oversight for the approval and electronic transfer of information regarding payments and reporting requirements. Grantee certifies that the electronic payment requests and reports transmitted will contain true, accurate, and complete information.

  • Delivery by Electronic Transmission This Agreement and any signed agreement or instrument entered into in connection with this Agreement or contemplated hereby, and any amendments hereto or thereto, to the extent signed and delivered by means of an electronic transmission, including by a facsimile machine or via email, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise the use of electronic transmission by a facsimile machine or via email to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through such electronic transmission as a defense to the formation of a contract and each such party forever waives any such defense.

  • Electronic Transmission For purposes of these Bylaws, “electronic transmission” means any form of communication, not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved, and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process.

  • Counterparts; Electronic Transmission (a) This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. Delivery of an executed counterpart of a signature page of this Agreement by telecopy, e-mailed .pdf or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Agreement. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Agreement and the transactions contemplated hereby shall be deemed to include electronic signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act or any other similar state laws based on the Uniform Electronic Transactions Act. (b) The Indenture Trustee, the Owner Trustee, the Delaware Trustee and the Issuer are authorized to accept written instructions, directions, reports, notices or other communications signed manually, by way of faxed signatures, or delivered by Electronic Transmission. In the absence of bad faith or negligence on its part, each of the Indenture Trustee, the Owner Trustee, the Delaware Trustee and the Issuer may conclusively rely on the fact that the Person sending instructions, directions, reports, notices or other communications or information by Electronic Transmission is, in fact, a Person authorized to give such instructions, directions, reports, notices or other communications or information on behalf of the party purporting to send such Electronic Transmission and, in the absence of bad faith or negligence, shall not have any liability for any losses, liabilities, costs or expenses incurred or sustained by any party as a result of such reliance upon or compliance with such instructions, directions, reports, notices or other communications or information to the Indenture Trustee, the Owner Trustee, the Delaware Trustee or the Issuer, including, without limitation, the risk of either the Indenture Trustee, the Owner Trustee, the Delaware Trustee or the Issuer acting on unauthorized instructions, notices, reports or other communications or information, and the risk of interception and misuse by third parties.

  • Electronic Reporting With the prior written consent of the Master Servicer, all reports to be made by the Servicer to the Master Servicer may be transmitted electronically in lieu of written reporting. If the Servicer services more than one hundred Mortgage Loans for the Master Servicer, it shall arrange for electronic transmission of the required reports. Any expenses occasioned by the electronic transmission of reports shall be borne by the Servicer.

  • Delivery by Electronic Transmission or Otherwise Notwithstanding any provision in this Trust Instrument to the contrary, any notice, proxy, vote, consent, instrument or writing of any kind referenced in, or contemplated by, this Trust Instrument or the By-laws may, as determined by the Trustees, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Act), including via the internet, or in any other manner permitted by applicable law.