Continued Failure Clause Samples
The Continued Failure clause defines the consequences and procedures that apply when a party repeatedly fails to meet its obligations under an agreement. Typically, this clause outlines what constitutes a continued or repeated failure, such as missing multiple deadlines or breaching the same obligation several times, and may specify remedies like the right to terminate the contract or seek damages. Its core practical function is to protect the non-breaching party by providing a clear mechanism for addressing ongoing non-performance, thereby ensuring accountability and offering a structured response to persistent issues.
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Continued Failure. If the Developer’s corrections, in the Customer’s opinion, fail to deliver the Software in accordance with the Specifications, then the Customer may elect to either terminate this agreement or adjust the Specifications accordingly.
Continued Failure. If the Developer's corrections, in the sole opinion of Customer, fails to deliver the Software per the Specifications, Deliverables, or Schedule, then Customer may elect to:
(i) terminate the agreement, or (ii) adjust the Specifications, Deliverables, or Schedule.
Continued Failure. If the DEVELOPER’S CORRECTIONS[, in the sole opinion of Customer,] fails to deliver the Software in accordance with the Specifications, Deliverables, or Schedule, then Customer may elect to:
(i) terminate the agreement, or (ii) adjust the Specifications, Deliverables, or Schedule.
5.1 Change Orders. Customer may request changes to the Specifications, Deliverables, or Schedules.