Common use of Definition of Failure Clause in Contracts

Definition of Failure. A “Failure” of this GEP Element as reported on a GEP Audit Report shall be considered to occur when the monthly measurement of Service Availability (as defined in Exhibit G to this Agreement) during the Associated EP fails to satisfy the Service Commitment Level associated with SLR-1 set forth on Exhibit G for either: (a) any 2 consecutive months in the Associated EP, or (b) any 3 or more months (even if not consecutive) during the Associated EP. Only one “Failure” of this GEP Element shall be given effect for any one EP.

Appears in 2 contracts

Samples: Software Escrow Agreement (Neustar Inc), Software Escrow Agreement (Neustar Inc)

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Definition of Failure. A “Failure” of this GEP Element as reported on a in the GEP Audit Report shall be considered to occur when if any Periodic Report obtains one “Failure” of either the monthly measurement of Service Availability (as defined in Exhibit G to this Agreement) “On-Time Delivery” Requirement or the “Accuracy” Requirement during the Associated EP fails to satisfy the Service Commitment Level associated with SLR-1 set forth on Exhibit G for either: (a) any 2 consecutive months in the Associated EP, or (b) any 3 or more months (even if not consecutive) during the Associated EPas such “Failure” is defined below. Only one “Failure” of this GEP Element shall be given effect for any one EP.

Appears in 2 contracts

Samples: Software Escrow Agreement (Neustar Inc), Software Escrow Agreement (Neustar Inc)

Definition of Failure. A “Failure” of this GEP Element as reported on a GEP Audit Report shall be considered to occur when the monthly measurement of Service Interface Availability (as defined in Exhibit G to this Agreement) during for each of the months comprising the Associated EP fails for more than 5% of all Users’ mechanized interfaces fail to satisfy the Service Commitment Level associated with SLR-1 SLR-7 set forth on Exhibit G for either: (a) any 2 consecutive months in the Associated EP, or (b) any 3 or more months (even if not consecutive) during the Associated EP. Only one “Failure” of this GEP Element shall be given effect for any one EP.

Appears in 2 contracts

Samples: Software Escrow Agreement (Neustar Inc), Software Escrow Agreement (Neustar Inc)

Definition of Failure. A “Failure” of this GEP Element as reported on a in the GEP Audit Report shall be considered to occur when the monthly measurement of Service Availability (as defined in Exhibit G to this Agreement) if any Monthly Invoice for any User is not mailed during the Associated EP fails to satisfy on or before the Service Commitment Level associated with SLR-1 set forth on Exhibit G for Mailing Due Date either: (a) any 2 consecutive months in the Associated EP, or (b) any 3 or more months (even if not consecutive) during the Associated EP. Only one “Failure” of this GEP Element shall be given effect for any one EP.

Appears in 2 contracts

Samples: Software Escrow Agreement (Neustar Inc), Software Escrow Agreement (Neustar Inc)

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Definition of Failure. A “Failure” of this GEP Element as reported on a in the GEP Audit Report shall be considered to occur when the monthly measurement of Scheduled Service Availability (as defined in Exhibit G to this Agreement) Unavailability for any month during the Associated EP fails to satisfy exceeds the time period set forth in the Service Commitment Level associated with SLR-1 set forth on Exhibit G for either: SLR-2 either (a) any 2 consecutive months in the Associated applicable EP, or (b) any 3 or more months (even if not consecutive) during the Associated applicable EP. Only one “Failure” of this GEP Element shall be given effect for any one EP.. December 1, 2000 SOW 25NE

Appears in 2 contracts

Samples: Software Escrow Agreement (Neustar Inc), Software Escrow Agreement (Neustar Inc)

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