Common use of Chronic Failure Clause in Contracts

Chronic Failure. If the Availability Performance Requirement is (i) below [*] in any [*]; (ii) below [*] in any [*] in a calendar year (“Chronic Failure”), AT&T may AT&T may terminate for convenience if ongoing chronic failures are not cured in accordance with corrective performance plan. You shall promptly provide a corrective performance plan in writing to resolve Chronic Failure and You shall promptly execute the corrective performance plan. Non- Performance Compensation — Service Availability as its sole and exclusive remedy for any failure to meet the Availability level noted, AT&T shall receive an adjustment to monthly invoice for shortfall in the Availability requirement per Table below. 4.2.1. Availability Credits Service Availability Monthly Invoice Credit for Availability Shortfall [*] [*] [*] [*] [*] [*] [*] [*] AT&T CONFIDENTIAL& PROPRIETARY 17 * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. All credits owed to AT&T must be requested by AT&T within [*] days of the end of the calendar month for which AT&T is entitled to a credit, and shall be credited against the Service Fees payable to MobiTV for the month following the calculation of the credit, or if the Agreement has terminated, MobiTV shall pay AT&T such amount within [*] days of the effective date of such termination.

Chronic Failure. If the Availability Performance Requirement is (i) below [*] in any [*]; (ii) below [*] in any [*] in a calendar year (“Chronic Failure”), AT&T may AT&T may terminate for convenience if ongoing chronic failures are not cured in accordance with corrective performance plan. You shall promptly provide a corrective performance plan in writing to resolve Chronic Failure and You shall promptly execute the corrective performance plan. Non- Performance Compensation — Service Availability as its sole and exclusive remedy for any failure to meet the Availability level noted, AT&T shall receive an adjustment to monthly invoice for shortfall in the Availability requirement per Table below. 4.2.1. Availability Credits Service Availability Monthly Invoice Credit for Availability Shortfall [*] [*] [*] [*] [*] [*] [*] [*] AT&T CONFIDENTIAL& PROPRIETARY 17 * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AT&T Agreement No. 20100609.081.A.001 All credits owed to AT&T must be requested by AT&T within [*] days of the end of the calendar month for which AT&T is entitled to a credit, and shall be credited against the Service Fees payable to MobiTV for the month following the calculation of the credit, or if the Agreement has terminated, MobiTV shall pay AT&T such amount within [*] days of the effective date of such termination.