Common use of Notice of Failure Clause in Contracts

Notice of Failure. In the event that a newly activated Modem Box ----------------- meets or exceeds any of the failure thresholds specified in Paragraph 3.1 ("Acceptance Criteria_and Data") within the six (6) day test period, AOL may, at its option, send EMBRATEL an e-mail notice of rejection, specifying the failure thresholds which were met or exceeded during the test. In determining acceptance, AOL shall not hold EMBRATEL accountable for problems due to AOL's client software. Provided that all relevant daily performance data has been provided to AOL as required by Section 3.1 ("Acceptance Criteria_and Data") any Modem Boxes that have not been rejected by AOL by the end of the sixth day following activation will be deemed accepted.

Notice of Failure. In the event that a newly activated Modem Box ----------------- meets or exceeds any of the failure thresholds specified in Paragraph Section 3.1 ("Acceptance Criteria_and Criteria and Data") within the six (6) day test period, AOL may, at its option, send EMBRATEL NETSTREAM an e-mail notice of rejection, specifying the failure thresholds which were met or exceeded during the test. In determining acceptance, AOL shall not hold EMBRATEL NETSTREAM accountable for problems due to AOL's client software. Provided that all relevant daily performance data has been provided to AOL as required by Section 3.1 ("Acceptance Criteria_and Criteria and Data") any Modem Boxes that have not been rejected by AOL by the end of the sixth day following activation will be deemed accepted.

Notice of Failure. In the event that a newly activated Modem Box meets ----------------- meets or exceeds any of the failure thresholds specified in Paragraph 3.1 ("Acceptance Criteria_and Criteria and Data") within the six (6) day test period, AOL may, at its option, send EMBRATEL AVANTEL an e-mail notice of rejection, specifying the failure thresholds which were met or exceeded during the test. In determining acceptance, AOL shall not hold EMBRATEL AVANTEL accountable for problems due to AOL's client software. Provided that all relevant daily performance data has been provided to AOL as required by Section Paragraph 3.1 ("Acceptance Criteria_and Criteria and Data") ), any Modem Boxes that have not been rejected by AOL by the end of the sixth day following activation will be deemed accepted.

Notice of Failure. In the event that a newly activated Modem Box ----------------- meets or exceeds any of the failure thresholds specified in Paragraph 3.1 ("Acceptance Criteria_and Criteria and Data") within the six (6) day test period, AOL may, at - its option, send EMBRATEL IMPSAT an e-mail notice of rejection, specifying the failure thresholds which were met or exceeded during the test. In determining acceptance, AOL shall not hold EMBRATEL IMPSAT accountable for problems due to AOL's client software. Provided that all relevant daily performance data has been provided to AOL as required by Section Paragraph 3.1 ("Acceptance Criteria_and Criteria and Data") any Modem Boxes that have not been rejected by AOL by the end of the sixth day following activation will be deemed accepted.

Notice of Failure. In the event that a newly activated Modem Box ----------------- meets or exceeds any of the failure thresholds specified in Paragraph 3.1 ("Acceptance Criteria_and Criteria and Data") within the six (6) day test period, AOL may, at its option, send EMBRATEL IMPSAT an e-mail notice of rejection, specifying the failure thresholds which were met or exceeded during the test. In determining acceptance, AOL shall not hold EMBRATEL IMPSAT accountable for problems due to AOL's client software. Provided that all relevant daily performance data has been provided to AOL as required by Section Paragraph 3.1 ("Acceptance Criteria_and Criteria and Data") any Modem Boxes that have not been rejected by AOL by the end of the sixth day following activation will be deemed accepted.

Notice of Failure. In the event that a newly activated Modem Box ----------------- meets or ----------------- exceeds any of the failure thresholds specified in Paragraph 3.1 ("Acceptance Criteria_and Criteria and Data") within the six (6) [*] day test period, AOL may, at its option, send EMBRATEL AVANTEL an e-mail notice of rejection, specifying the failure thresholds which were met or exceeded during the test. In determining acceptance, AOL shall not hold EMBRATEL AVANTEL accountable for problems due to AOL's client software. Provided that all relevant daily performance data has been provided to AOL as required by Section Paragraph 3.1 ("Acceptance Criteria_and Criteria and Data") ), any Modem Boxes that have not been rejected by AOL by the end of the sixth day following activation will be deemed accepted.

Notice of Failure. In the event that a newly activated Modem Box meets ----------------- meets or exceeds any of the failure thresholds specified in Paragraph Section 3.1 ("Acceptance Criteria_and Criteria and Data") within the six (6) day test period, AOL may, at its option, send EMBRATEL NETSTREAM an e-mail notice of rejection, specifying the failure thresholds which were met or exceeded during the test. In determining acceptance, AOL shall not hold EMBRATEL NETSTREAM accountable for problems due to AOL's client software. Provided that all relevant daily performance data has been provided to AOL as required by Section 3.1 ("Acceptance Criteria_and Criteria and Data") any Modem Boxes that have not been rejected by AOL by the end of the sixth day following activation will be deemed accepted.