Common use of Remedies for Failure to Meet Service Levels Clause in Contracts

Remedies for Failure to Meet Service Levels. (a) Spansion agrees that the remedies available to it in the event of a failure of AMD to provide the Services in accordance with the Service Levels should be addressed to correcting problems that resulted in such failure, rather than to penalizing AMD. In recognition of this, (1) a single instance of a failure to meet a Service Level shall not automatically be deemed a material breach by AMD and (2) the Parties agree to follow to procedures set forth in this Section 6.4 as well as Section 6.5 to rectify such failures.

Appears in 4 contracts

Samples: Information Technology Services Agreement, Information Technology Services Agreement (Spansion Inc.), Information Technology Services Agreement (Spansion Inc.)

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