Service Termination. If AMD has failed to comply with the applicable Service Levels for a particular Service and has failed to rectify its performance failure pursuant to the procedures set forth in Section 6 above, then Spansion may terminate AMD’s provision of such Service after sixty (60) days have elapsed since initial notification and no cure has successfully been implemented and Spansion either perform such Service itself or obtain the services of a third party. The Fees will be adjusted accordingly. Notwithstanding the foregoing, if the Service at issue is an Enterprise Service, then Spansion may not terminate such Service for a period of ninety (90) days without adequate cure following initial notice of material breach. In the event of a termination of an Enterprise Service, the Parties agree to work together to mitigate the effect on other Services provided by AMD.
Appears in 4 contracts
Samples: Information Technology Services Agreement, Information Technology Services Agreement (Spansion Inc.), Information Technology Services Agreement (Advanced Micro Devices Inc)
