Common use of Material Failure Clause in Contracts

Material Failure. If Sprint materially fails to provide Products or Services, Customer may terminate the affected Products or Services without early termination liability if Customer provides Sprint with written notice of the failure and a reasonable opportunity to cure within 30 days from receipt of notice. If Sprint fails to cure, then Customer may terminate the affected Products or Services effective 30 days after Sprint’s receipt of Customer’s written notice to terminate. Sprint’s material failure does not include a failure caused by circumstances not within Sprint’s sole control, including, but not limited to, a failure caused by a third party access provider, Customer-provided software or equipment, or Customer.

Material Failure. If Sprint materially fails to provide Products or Services, Customer may terminate the affected Products or Services without early termination liability if Customer provides Sprint with written notice of the failure and a reasonable an opportunity to cure within 30 days from receipt of notice. If Sprint fails to cure, then Customer may terminate the affected Products or Services effective 30 days after Sprint’s receipt of Customer’s written notice to terminate. Sprint’s material failure does not include a failure caused by circumstances not within Sprint’s sole control, including, but not limited to, a failure caused by a third party access provider, Customer-provided software or equipment, or Customer.