Material Service Level Failure definition

Material Service Level Failure means, for reasons other than a Force Majeure, a Severity Level 1 Problem, as defined in Attachment D, that continues and is un-resolved for longer than the restoration period specified in Attachment D. Without limiting the provisions above in this paragraph, Travelport shall at all times use commercially reasonable efforts to provide service levels to each of the Orbitz websites (including those websites of the Distribution Partners) that meet or exceed the service levels that Travelport provides to each website of any other online travel agency using a Travelport GDS.

Material Service Level Failure means any of the following:

Material Service Level Failure means any of the following: (a) the Monthly System Availability Commitment (defined below) is not achieved for any [***] calendar months in any period of [***] consecutive calendar months during the Service Level Period, or (b) the Monthly System Availability Commitment is missed by [***]% or more for any calendar month during the Service Level Period and has been missed by [***]% or more for two or more previous calendar months during the Service Level Period.

Examples of Material Service Level Failure in a sentence

• Subject to the provisions below in this Section 20, when Travelport resolves the Material Service Level Failure, Travelport shall give written notice to Subscriber of such resolution and Subscriber must as soon as commercially reasonable, but in any event within *** thereafter either redirect to the Travelport System any Segment volume that was so migrated or become responsible for any shortfall fees to the extent they are eventually incurred as set forth in Section II.A of Attachment A.

• Notwithstanding any other provision in this Agreement, if a Material Service Level Failure occurs at any time during the Term or any Transition Services Period, then Subscriber may ***Confidential Information has been omitted and filed separately with the Securities and Exchange Commission.

• Subject to the provisions below in this Section 20, when Travelport resolves the Material Service Level Failure, Travelport shall give written notice to Subscriber of such resolution and Subscriber must as soon as commercially reasonable, but in any event within (***) thereafter either redirect to the Travelport System any Segment volume that was so migrated or become responsible for any shortfall fees to the extent they are eventually incurred as set forth in Section II.A of Attachment A.

• Notwithstanding any other provision in this Agreement, if a Material Service Level Failure occurs at any time during the Term or any Transition Services Period, then Subscriber may migrate any or all of its would-be Segments to an Alternative Distribution Channel and, subject to the provisions of the following sentence, not be responsible for paying any damages, penalties or any other compensation to Travelport therefor, including any shortfall fees as set forth in Section II.A of Attachment A.

More Definitions of Material Service Level Failure

Material Service Level Failure means that the Service Provider has accrued 100 Service Failure Points or more in respect of any Month; Schedule 1 – Definitions

Material Service Level Failure has the meaning given in Annex 2 of Schedule 5 (Service Levels and Performance Monitoring).

Material Service Level Failure means the total value of Service Failure Deductions incurred in any one (1) Month, but for the operation of the Service Failure Deduction Cap, would exceed eighty percent (80%) of the Monthly Operational Charge;

Material Service Level Failure means any Service Level Failure that causes or contributes to any delay to a Project Milestone;

Material Service Level Failure if: Northern has failed to meet the Services Levels (as defined by the parties from time to time) for two consecutive months or any three months in a six month period or other criteria to be agreed upon by the parties and such failure has not been remedied within thirty days after Northern has been notified by the Trust of its failure to meet a Service Level.

Material Service Level Failure means the total value of Service Failure Points incurred in any one (1) Month, but for the operation of the Service Failure Deduction Cap, would exceed eighty percent (80%) of the Monthly Operational Charge;

Material Service Level Failure if: the Custodian has failed to meet the Services Levels (as defined by the parties from time to time) for two consecutive months or any three months in a six month period or other criteria to be agreed upon by the parties and such failure has not been remedied within thirty days after the Custodian has been notified by the Fund of its failure to meet a Service Level.