Common use of Critical Clause in Contracts

Critical. Critical system functionality is not operational or not capable of producing critical deliverables (which have been pre-defined in Appendix A as critical) and there are no workarounds available. The problem/defect has one or more of the following characteristics: a. Data corruption such that physical or logical data is unavailable or incorrect. b. System hangs. The system becomes non responsive indefinitely or there is severe performance degradation, causing unreasonable wait time for resources or response, as if the system is hanging. c. System crashes repeatedly. Database process or background processes fail and continue to fail after restart attempts. d. Critical functionality (which has been pre-defined in Appendix A or otherwise by the Parties in writing as critical) is not available. The application cannot continue because a vital feature is inoperable. e. Resource limitation (e.g., disk space) prevents a user from doing work without an agreed-upon workaround. f. Security vulnerability beyond [**] control that results in unauthorized access to systems, crashing of systems or data corruption, and which cannot be avoided by [**].

Critical. Critical system functionality is not operational or not capable of producing critical deliverables (which have been pre-defined in Appendix A as critical) and there are no workarounds available. The problem/defect has one or more of the following characteristics: a. Data corruption such that physical or logical data is unavailable or incorrect. b. System hangs. The system becomes non responsive indefinitely or there is severe performance degradation, causing unreasonable wait time for resources or response, as if the system is hanging. c. System crashes repeatedly. Database process or background processes fail and continue to fail after restart attempts. d. Critical functionality (which has been pre-defined in Appendix A or otherwise by the Parties in writing as critical) is not available. The application cannot continue because a vital feature is inoperable. e. Resource limitation (e.g., disk space) prevents a user from doing work without an agreed-upon workaround. f. Security vulnerability beyond [**] AT&T control that results in unauthorized access to systems, crashing of systems or data corruption, and which cannot be avoided by [**].AT&T.