Common use of Chronic Trouble Clause in Contracts

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.

Appears in 4 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

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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 three 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 72-72- hour Event. Said termination will take effect 30 days after Customer gives Element Critical the termination notice.

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

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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 three 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.

Appears in 1 contract

Samples: Master Services Agreement

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