Chronic Trouble Clause Samples
The "Chronic Trouble" clause defines how ongoing or repeated issues, such as persistent breaches or failures to perform, are addressed within a contract. Typically, this clause outlines the threshold for what constitutes chronic trouble—such as a certain number of repeated incidents within a set timeframe—and specifies the remedies available to the non-breaching party, which may include termination rights or additional penalties. Its core practical function is to provide a clear mechanism for dealing with recurring problems, ensuring that parties are not indefinitely bound to a contract plagued by ongoing issues.
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Chronic Trouble. Customer 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 Trouble. Customer 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. In 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. The 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 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 Trouble