Common use of Continuous Performance Default Clause in Contracts

Continuous Performance Default. Unless otherwise excused or cured as provided in this Contract, the following shall constitute a Continuous Performance Default: a) Service Provider’s failure to meet the same Critical Performance Metric, as defined below, for at least three (3) consecutive months, or b) Service Provider’s failure to meet at least five (5) Critical Performance Metrics six (6) out of twelve (12) months. Critical Performance Metric means i) the Performance Metrics identified as “Critical” as provided in Section 2 or ii) an Important Performance Metric that is missed two (2) months in a row. Once Service Provider meets an Important Metric that has become a “Critical” Performance Metric, the Important Metric reverts to its original category (e.g., Important). An Important Metric can only revert to its original category one time. Important Performance Metric means the Performance Metrics identified as “Important” as provided in Section 2.