Chronic Failures. If the Availability Rate is lower than 99% (i) over 3 consecutive months, or (ii) over 4 months in any rolling 12- month period, then Customer may terminate the Agreement for cause and without penalty effective 30 days after sending written notice to PeopleDoc, in addition to receiving any credits stated hereunder. Upon termination of the Agreement in accordance with this Section 6, PeopleDoc will refund Customer any prepaid but unused Annual Recurring Fees.
Chronic Failures. In the event that, in any 6 consecutive month period during the Term (the “Chronic Period"), there are more than 3 separate and distinct Major Failures (as defined below) in the Space (a “Chronic Failure Event”), then Tenant may, as its sole and exclusive remedy, terminate this Lease in its entirety affected by the Chronic Failure Event, without penalty, subject to the following conditions. Tenant must provide written notice of its desire to take advantage of this termination option (the “Chronic Failure Termination Notice”) which notice must be received by the Landlord no later than 30 days after the occurrence of the Major Failure that triggers the Chronic Failure Event. The Chronic Failure Termination Notice must contain, at a minimum, information sufficient for CoreSite to identify and verify the occurrence of the three Major Failures, and the desired effective date of Tenant’s termination, which must be a date that is no sooner than 30 days after, and no more than 90 days after, Landlord's receipt of the Chronic Failure Termination Notice. The term "Major Failure" is defined, subject to the limitations in Section VI, as (a) an SLA Xxxxx 0 Xxxxxxx Xxxx Xxxxxxx, (x) a Temperature Failure, or (c) a Humidity Failure. Upon the occurrence of a Major Failure that triggers a Chronic Failure Event, Tenant may, at its option and within the time periods set forth above, either (i) take advantage of the termination option in this section or (ii) in lieu of termination, accept abatement for such Major Failure. If Tenant chooses to terminate as provided in this section, then this SLA shall, immediately upon Landlord’s receipt of the Chronic Failure Termination Notice, cease to apply to the Premises and Tenant shall not be entitled to any further abatement or compensation for any Failures. If Tenant chooses to accept abatement for the Major Failure that triggers the Chronic Failure Event (or if Tenant fails to deliver a Chronic Failure Termination Notice within the time periods stated above), then the right to terminate for that Chronic Failure Event shall no longer be effective and Tenant's sole and exclusive remedy stemming from such Major Failure .shall be limited to any applicable abatement set forth in this SLA.
Chronic Failures. If as a result of OTA Insight’s failure to meet any one or more of the above service level commitments in three (3) consecutive months or any two (2) months in a consecutive six (6) month period, Hotel may, in addition to exercising any other rights under the Agreement, terminate the Agreement by providing at least thirty (30) days’ prior written notice to OTA Insight. Upon any such termination, OTA Insight shall, in addition to fulfilling its other post-termination obligations under the Agreement, refund to Customer any prepaid and unused Fees for that portion of the Fees remaining after termination.