Common use of TERMINATION FOR CHRONIC OUTAGES Clause in Contracts

TERMINATION FOR CHRONIC OUTAGES. 5.1. For Diverse Services, in the event that Customer experiences three (3) or more Outages affecting the same Service, each lasting for more than thirty (30) minutes during any thirty (30) day period, or more than twenty-four (24) hours in aggregate during the Service Month, Customer may choose to terminate the impacted Services without any further liability to PacketFabric. 5.2. For Non-Diverse Services, in the event that Customer experiences three (3) or more Outages affecting the same Service, each lasting for more than twelve (12) hours during any thirty (30) day period, or more than forty-eight (48) hours in aggregate during the Service Month, Customer may choose to terminate the impacted Services without any further liability to PacketFabric. 5.3. In order to exercise the right to termination under this Section, Customer must notify PacketFabric in writing within thirty (30) days after the event giving rise to the right of termination. Customer shall be deemed to have waived its right to terminate under this Section if it fails to provide the requisite notice of termination within such thirty (30) day period. In the event that Customer exercises this termination option, Customer shall remain obligated to pay for the Service as rendered through the effective date of termination.

TERMINATION FOR CHRONIC OUTAGES. 5.1. For Diverse Services, in the event that Customer experiences three (3) or more Outages affecting the same Service, each lasting for more than thirty (30) minutes during any thirty (30) day period, or more than twenty-twenty four (24) hours in aggregate during the Service Month, Customer may choose to terminate the impacted Services without any further liability to PacketFabric. 5.2. For Non-Diverse Non­Diverse Services, in the event that Customer experiences three (3) or more Outages affecting the same Service, each lasting for more than twelve (12) hours during any thirty (30) day period, or more than forty-forty eight (48) hours in aggregate during the Service Month, Customer may choose to terminate the impacted Services without any further liability to PacketFabric. 5.3. In order to exercise the right to termination under this Sectionprovision, Customer must notify PacketFabric in writing within thirty (30) days after the event giving rise to the right of termination. Customer shall be deemed to have waived its right to terminate under this Section if it fails to provide the requisite notice of termination within such thirty (30) day period. In the event that Customer exercises this termination option, Customer shall remain obligated to pay for the Service as rendered through the effective date of termination.