Latency Guarantee and Remedy Sample Clauses

Latency Guarantee and Remedy. (i) The MASS Data Network Average Round-Trip Latency shall be fifty (50) milliseconds or less. “Average Round-Trip Latency,” with respect to a given month, means the average time required for roundtrip packet transfers between POPs on the MASS Network during such month, as measured by MASS.
Sample 1
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Latency Guarantee and Remedy. (i) The MASS Data Network Average Round-Trip Latency shall be fifty (50) milliseconds or less for round-trip packet transfers between POPs on the MASS Network during such month, as measured by MASS. The MASS Data Extended Reach Network Average Round-Trip Latency shall be fifty (50) milliseconds or less for round-trip packet transfers between POPs on the MASS Extended Reach Network during such month, as measured by MASS “Average Round-Trip Latency,” with respect to a given month, means the average time required for round-trip packet transfers between POPs on the MASS Network or the MASS Extended Reach Network during such month, as measured by MASS. Average Round-Trip latency between the MASS On-Net Data Network and the MASS Extended-Reach Data Network shall not exceed 100 milliseconds.
Sample 1
Latency Guarantee and Remedy. (i) The VOXNET Data Network Average Round-Trip Latency shall be fifty (50) milliseconds or less. “Average Round- Trip Latency,” with respect to a given month, means the average time required for round-trip packet transfers between POPs on the VOXNET Network during such month, as measured by VOXNET.
Sample 1

Related to Latency Guarantee and Remedy

  • Enforcement and Remedies Executive acknowledges that money damages would not be sufficient remedy for any breach of this Article 6 by Executive, and Company shall be entitled to enforce the provisions of this Article 6 by terminating any payments then owing to Executive under this Agreement and/or to specific performance and injunctive relief as remedies for such breach or any threatened breach. Such remedies shall not be deemed the exclusive remedies for a breach of this Article 6, but shall be in addition to all remedies available at law or in equity to Company, including, without limitation, the recovery of damages from Executive and Executive’s agents involved in such breach and remedies available to Company pursuant to other agreements with Executive.

  • Performance Default and Remedies Subsection B. DEFAULT AND REMEDIES, second paragraph of the Contract is modified as follows (underlined language is added and stricken language is deleted): “Written notice of default and a reasonable 30-day opportunity to cure must be issued by the party claiming default.”

  • Events of Default and Remedies Section 8.01

  • Waiver and Remedies The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

  • Default and Remedies Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

  • Events of Default Remedies If any of the following events (“Events of Default”) shall occur:

  • Defaults and Remedies Section 6.01.

  • Disputes and Remedies 6 7.01 Agreement of the Parties 6 7.02 Operational Remedies 6 7.03 Equitable Remedies 7 7.04 Continuing Duty to Perform 7 Article VIII. Damages 7 8.01 Availability and Assessment 7 8.02 Specific Items of Liability 7

  • EVENT OF DEFAULT/REMEDIES 8.1 Any one or more of the following acts or omissions of the Contractor shall constitute an event of default hereunder (“Event of Default”):

  • Liabilities and Remedies 57.7.1 If CLEC or an employee, agent or contractor of CLEC, at any time breaches a provision of this Section 57 and such breach continues after notice thereof from CenturyLink, then, except as otherwise required by Applicable Law, CenturyLink shall have the right, upon notice to CLEC, to suspend or terminate the right to use CenturyLink OSS services granted by Section 57.1 above and/or the provision of CenturyLink OSS services, in whole or in part.

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