Service Termination Remedy Sample Clauses

Service Termination Remedy. Customer will be entitled to:‌ (a) cancel the Business VPN Service at a Location if the cumulative maximum credit for such Location’s Site Availability Service Level or the Global Backbone Availability Service Level (as applicable) is due in 2 consecutive Months, or in any 4 Months during a 12-Month rolling period , by giving Orange at least 30 days prior written notice; or (b) cancel the Business VPN Service at all Locations if the cumulative maximum credit for Site Availability Service Level or the Global Backbone Availability Service Level (as applicable) is due in 2 consecutive Months, or in any 4 Months during a 12-Month rolling period for more than 50% of the total number of Locations, by giving Orange at least 30 days prior written notice. For purposes of this Clause 1.3.4, a "12-Month rolling period" means a period of 12 consecutive Months determined on a rolling basis, with a 12-Month period starting anew immediately after the end of the preceding 12-Month cycle. For example, if the first 12-Month rolling period is from June 1, 2016 through May 31, 2017, then the next 12-Month cycle will start on June 1, 2017 and end on May 31, 2018, and so on.
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Service Termination Remedy. In addition to the credits provided above for non-achievement of the Site Availability Service Level, Customer will be entitled to:‌ (a) cancel the Service at the Location if the maximum credit for such Location’s Site Availability Service Level is due in 2 consecutive Months, or in any 4 Months during 12 Month rolling period, by giving Orange at least 30 days prior written notice; or (b) cancel the Service at all Locations if the cumulative maximum Site Availability Service Level credit is due in 2 consecutive Months, or in any 4 Months during a 12 Month rolling period, for more than 50% of the total number of Locations, by giving Orange at least 30 days prior written notice.
Sample 1
Service Termination Remedy. In addition to the credits provided above for non-achievement of the Site Availability Service Level, Customer will be entitled to:‌ (a) cancel the Service at the Location if the maximum credit for such Location’s Site Availability Service Level is due in 2 consecutive Months, or in any 4 Months during a 12-Month rolling period, by giving Orange at least 30 days prior written notice; or (b) cancel the Service at all Locations if the cumulative maximum Site Availability Service Level credit is due in 2 consecutive Months, or in any 4 Months during a 12-Month rolling period, for more than 50% of the total number of Locations, by giving Orange at least 30 days prior written notice. For purposes of this Clause 1.3.3, a "12 Month rolling period" means a period of 12 consecutive Months determined on a rolling basis, with a 12-Month period starting anew immediately after the end of the preceding 12 Month cycle. For example, if the first 12 Month rolling period is from June 1, 2023 through May 31, 2024, then the next 12-Month cycle will start on June 1, 2024 and end on May 31, 2025, and so on.
Sample 1
Service Termination Remedy. Customer will be entitled to: (a) cancel the Service at a Location if the cumulative maximum credit under Clause 1.3.1 (Site Availability) for failure to meet the Site Availability Service Level or under Clause 1.3.2 (Site Device Availability) for failure to meet the Site Device Availability Service Level (as applicable) is due in 2 consecutive Months, or in any 4 Months during a 12-Month rolling period, by giving Orange at least 30 days prior written notice; or (b) cancel the Service at all Locations if the cumulative maximum credit under Clause 1.3.1 (Site Availability) for failure to meet the Site Availability Service Level or under Clause 1.3.2 (Site Device Availability) for failure to meet the Site Device Availability Service Level (as applicable) is due in 2 consecutive Months, or in any 4 Months during a 12-Month rolling period for more than 50% of all Locations, by giving Orange at least 30 days prior written notice.
Sample 1

Related to Service Termination Remedy

  • Termination Remedies (a) If all conditions precedent to the obligations of Buyer set forth in Article VII, or of Seller set forth in Article VIII, (such Party that has satisfied its conditions precedent, the “Performing Party”) have been met and the transactions contemplated by this Agreement are not consummated on or before the Closing Date because of the failure of Buyer or Seller to perform any of its material obligations hereunder or the breach of any representation herein by Buyer or Seller (such party that has not satisfied its conditions precedent, the “Breaching Party”) and the Performing Party has performed all of its material obligations hereunder and has not breached any representation herein, then in such event, the Performing Party shall have the option to terminate this Agreement, in which case (i) if Buyer is the Breaching Party, Seller shall retain the Deposit as liquidated damages on account of Buyer’s failure to perform its obligations under this Agreement or Buyer’s breach of any representation under this Agreement, which remedy shall be the sole and exclusive remedy available to Seller for Buyer’s breaches or (ii) if Seller is the Breaching Party, then Seller shall return the Deposit to Buyer in immediately available funds within three (3) calendar days after receipt of Buyer’s notice of termination. Buyer and Seller acknowledge and agree that (i) the Seller’s actual damages upon the event of such a termination are difficult to ascertain with any certainty, (ii) that the Deposit is a reasonable estimate of such actual damages and (iii) such liquidated damages do not constitute a penalty. Additionally, if Seller is the Breaching Party, in lieu of terminating this Agreement, Buyer shall have the right of specific performance of this Agreement. (b) If this Agreement is terminated for any reason, other than as set forth in Section 11.03(a), then Seller shall return the Deposit to Buyer in immediately available funds within three (3) calendar days after the event giving rise to such payment to Buyer. Buyer and Seller shall thereupon have the rights and obligations set forth elsewhere herein.

  • CFR PART 200 Termination Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be eff ected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity an d up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The vendor would be compensated for work performed and goods procured as of the termination date if for convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of t he ESC Region 8 and TIPS. Does vendor agree? Yes

  • BREACH; TERMINATION Customer/Project Sponsor may terminate this Agreement at any time in its sole discretion by providing notice to the Company not less than one hundred and eighty (180) days before such termination. In the event of breach of any material terms or conditions of this Agreement, if the breach has not been remedied within 30 days following receipt of written notice thereof from the other Party (provided that, if the breaching Party has commenced and is diligently pursuing efforts to cure such breach, then such 30-day period shall be extended until the earlier of (i) 30 additional days or (ii) end of diligent efforts to cure the breach), then the non-breaching party may terminate this Agreement by written notice at any time until cure of such breach occurs. In the event of any proceedings by or against either Party in bankruptcy, insolvency or for appointment of any receiver or trustee or any general assignment for the benefit of creditors (excluding, for the avoidance of doubt, an assignment in accordance with Article XI or other collateral assignment to obtain project financing), the other Party may terminate this Agreement. If the Customer/Project Sponsor increases the capability or the capacity of the Facility to exceed 4.999 MW, this Agreement shall immediately terminate. The Company shall not be liable to the Customer/Project Sponsor for damages resulting from a termination pursuant to this paragraph. If the Customer/Project Sponsor's generating equipment produces zero (0) kilowatt- hours during any period of twelve (12) consecutive Billing Periods after the Commercial Operation Date [Effective Date for existing resources] for a reason other than a force majeure event, the Company may terminate this Agreement.

  • CFR PART 200 Termination Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The vendor would be compensated for work performed and goods procured as of the termination date if for convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of the ESC Region 8 and TIPS. Does vendor agree? Yes

  • Termination for Default; Remedies 8.2.1 Each of the following shall constitute an immediate event of default (“Event of Default”) under this Agreement: (a) Contractor fails or refuses to perform or observe any term, covenant or condition contained in any of the following Sections of this Agreement:

  • On Termination In the event this Agreement is terminated for any reason prior to the expiration of its original term or any renewal term, Owner shall indemnify, protect, defend, save and hold Manager and all of the other Indemnified Parties harmless from and against any and all claims, causes of action, demands, suits, proceedings, loss, judgments, damage, awards, liens, fines, costs, attorney's fees and expenses, of every kind and nature whatsoever (collectively, "Losses"), that may be imposed on or incurred by Manager by reason of the willful misconduct, gross negligence and/or unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction) of Owner.

  • Survival; Termination The representations, warranties, and covenants of the respective parties shall survive the Closing Date and the consummation of the transactions herein contemplated for a period of two years.

  • License Termination Customer may terminate the license for an ICA Program at any time on one month's written notice to IBM. For ICA Program licenses that Customer acquired for a one-time charge, replacement licenses may be acquired for an upgrade charge, if available. When Customer obtains licenses for these replacement ICA Programs, Customer agrees to terminate the license of the replaced ICA Programs when charges become due, unless IBM specifies otherwise. IBM may terminate Customer’s license if Customer fails to comply with the license terms. If IBM does so, Customer’s authorization to use the ICA Program is also terminated.

  • Notice of Termination; Effect of Termination Any termination of this Agreement under Section 7.1 above will be effective immediately upon the delivery of written notice of the terminating party to the other parties hereto. In the event of the termination of this Agreement as provided in Section 7.1, this Agreement shall be of no further force or effect, except (i) as set forth in this Section 7.2, Section 7.3 and Article 8 (miscellaneous), each of which shall survive the termination of this Agreement, and (ii) nothing herein shall relieve any party from liability for any willful breach of this Agreement. No termination of this Agreement shall affect the obligations of the parties contained in the Confidentiality Agreement, all of which obligations shall survive termination of this Agreement in accordance with their terms.

  • Contract Termination debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

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