Major Outage. If three (3) times during the term of the Agreement, the Fiber Service to the Customer experiences a Network Availability outage that falls below the 99.99% agreement, other than as a result of the causes set forth in Section 3.4 above, Customer may terminate this Agreement without charge or payment of any termination charges otherwise provided in the Agreement; provided Customer complies with the notification process described in this Section 3.5. Within thirty (30) days of the occurrence of the third Major Outage, Customer shall notify Vyve in writing of its election to terminate the Agreement and the Agreement shall terminate upon Vyve's receipt of such notice. If Customer fails to notify Vyve within thirty (30) days of the third Major Outage of its intent to terminate, then Customer shall be deemed to have waived its right to terminate the Agreement under this Section 3.5 until the occurrence of a subsequent Major Outage, if any. Upon termination under this Section 3.5, neither party shall have any further rights, obligations, or liabilities to the other party, except Customer obligations that accrued through the termination date, and those obligations that expressly survivetermination of the Agreement.
Appears in 4 contracts
Samples: Business Services Subscriber Agreement, Business Services Subscriber Agreement, Business Services Subscriber Agreement
Major Outage. If three (3) times during the term of the Agreement, the Fiber Service to the Customer experiences a Network Availability outage that falls below the 99.99% agreement, other than as a result of the causes set forth in Section 3.4 above, Customer may terminate this Agreement without charge or payment of any termination charges otherwise provided in the Agreement; provided Customer complies with the notification process described in this Section 3.5. Within thirty (30) days of the occurrence of the third Major Outage, Customer shall notify Vyve in writing of its election to terminate the Agreement and the Agreement shall terminate upon Vyve's receipt of such notice. If Customer fails to notify Vyve within thirty (30) days of the third Major Outage of its intent to terminate, then Customer shall be deemed to have waived its right to terminate the Agreement under this Section 3.5 until the occurrence of a subsequent Major Outage, if any. Upon termination under this Section 3.5, neither party shall have any further rights, obligations, or liabilities to the other party, except Customer obligations that accrued through the termination date, and those obligations that expressly survivetermination survive termination of the Agreement.
Appears in 3 contracts
Samples: Business Services Subscriber Agreement, Business Services Subscriber Agreement, Business Services Subscriber Agreement
