Performance Impairment Clause Samples

Performance Impairment. In the event Customer is prevented from completing calls or transmitting and receiving IP packets due to an intervening cause or physical barrier (for example, a fiber cut or if a building is constructed that interferes with the line of sight) (each an “Impairing Condition”), Infradapt will use commercially reasonable efforts to remedy the Impairing Condition as soon as possible. If Infradapt is unable to restore Service within 72 hours Customer may cancel this Agreement without further obligation. Such right is contingent on payment of all installation and service fees incurred up to the time the Impairing Condition interrupted Services.

Performance Impairment. Any of the Manager Paities becomes subject to any comt action or proceeding that may materially and adversely affects Manager's perfonnance of, or ability to perfo1m, its obligations under this Agreement;