Fatal Clause Samples

A "Fatal" clause defines specific breaches or failures that are considered so serious they justify immediate and significant consequences, such as contract termination. In practice, this clause typically identifies certain obligations or events—like non-payment, fraud, or critical safety violations—that, if breached, trigger the right for the non-breaching party to end the agreement without further notice or opportunity to cure. The core function of a Fatal clause is to allocate risk and provide a clear, enforceable mechanism for dealing with severe contract violations, ensuring that parties have a straightforward remedy when fundamental terms are broken.
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Fatal. All users or critical functions affected. Business processes completely unavailable. Severe: A majority of users or functions affected, or a critical function affected. Business processes cannot continue. Medium: More than two users or functions affected. Business processes can continue. Minor One or two users affected. Business process can continue. Notes Response times are measured during working hours. For instance, if an issue is reported at 5:00pm with a response time of 60 mins, Riela Tech has until 9:30am the following day to respond. Resolution times Resolution process
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Fatal. Errors preventing all useful work from being done as reasonably determined by Client and Contractor.
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Fatal. Licensee’s use of the Licensed Products is stopped or so severely degraded that Licensee cannot reasonably conduct business, and no workaround is available. Licensor will provide a workaround that resolves the request, provided that, if Licensor is unable to provide a workaround, Licensor will classify the request as an Error in the Licensed Products and work to produce a Corrected Release in accordance with the Service Level of the Licensee.
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Fatal. Complete degradation — all users and critical functions affected. Item or service completely unavailable. Severe: Significant degradation — large number of users or critical functions affected. Medium: Limited degradation — limited number of users or functions affected. Business processes can continue. Minor: Small degradation — few users or one user affected. Business processes can continue. Response times are measured using the supplier’s support ticketing system, which tracks all issues from initial reporting to resolution. It is vital the client raises every issue via this system. If an issue is not raised in this way, the guaranteed response time does not apply to that issue. If the supplier fails to meet a guaranteed response, a penalty will be applied in the form of a credit for the client. This means the following month’s fee payable by the client will be reduced on a sliding scale. The level of penalty will be calculated depending on the number of hours by which the supplier missed the response time, minus the downtime permitted by the SLA: Priority level Penalty per hour (Pro-rated to nearest minute) Response time penalties in any month are capped at 50% of the total monthly fee Response times are measured during working hours (9am — 5.30pm). For instance, if an issue is reported at 5.00pm with a response time of 60 minutes, the supplier has until 9.30am the following day to respond. The supplier will always endeavour to resolve problems as swiftly as possible. It recognises that the client’s computer systems are key to its business and that any downtime can cost money. However, the supplier is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary enormously. For instance, it may be possible to resolve a fatal server issue in minutes, simply by restarting the server. But if a server fails due to disk error or a hardware fault (also classed as a fatal issue) it may take much longer to get back up and running. In all cases, the supplier will make its best efforts to resolve problems as quickly as possible. It will also provide frequent progress reports to the client. The supplier recognises that it provides services that are critical to the client’s business. If the supplier consistently fails to meet the service levels described in this document, the client may terminate its entire contract with the supplier, with no penalty. This right is available to the client if the supplier fails to meet the...
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Fatal. Critical error preventing any useful work from being done. Includes issues affecting all users and a complete loss of system availability where no workaround is available. 2 hours 2 Severe Impact. Persistent error affecting many users that prevents major functions from being performed or that severely degrades performance, with no reasonable workaround available. 4 hours 3 Degraded Impact. Error affecting some, but not all users, disabling only certain non-essential functions. Workaround available for short term, but not suitable for long term. 16 hours 4 Minimal Impact. Routine technical issues, errors affecting a small number of users, and other issues with no immediate impact on day-to-day operations, or where a reasonable workaround is available. 24 hours with an Anaplan Customer Success representative, which may be subject to an additional fee. Anaplan is not responsible for configuring or diagnosing problems in any other part of the Client’s technical infrastructure.
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Fatal. Errors preventing all useful work from being done as reasonably determined by Client and Provider. Severity ▇▇▇▇▇ ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇: Errors, which disable major functions from being performed as reasonably determined by Client and Provider.
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Fatal. Reported problems preventing all useful work from being done or potential data loss or corruption, or Software functionality is inoperative; and such inability to use or potential data loss or corruption has a critical impact to Customer’s operations • Acknowledgment • […***…] • Work Around, temporary fix • […***…] • Final fix, update, or new release • […***…] • Communications • […***…] 2 SEVERE IMPACT: Problems disable major functions required to do productive work or Software is partially inoperative and is considered as severely restrictive by Customers. • Acknowledgment • […***…] • Work Around, temporary fix • […***…] • Final fix, update, or new release • […***…] • Communications • […***…]
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Fatal. No WSGO Game 1 hour Twice per incident 24 hours from WSGO notification availability (acknowledgement/status, resolution) 2 WSGO Game available 12 hours Twice per incident 72 hours from WSGO notification for use, but not (acknowledgement/status, materially functioning resolution) to Specifications
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Fatal. Critical error preventing any useful work from being done. Includes issues affecting all users and a complete loss of system availability where no workaround is available. 2 hours 2 Severe Impact. Persistent error affecting many users that prevents major functions from being performed or that severely degrades performance, with no reasonable workaround available. 4 hours 3 Degraded Impact. Error affecting some, but not all users, disabling only certain non-essential functions. Workaround available for short term, but not suitable for long term 16 hours 4 Minimal Impact. Routine technical issues, errors affecting a small number of users, and other issues with no immediate impact on day-to-day operations, or where a reasonable workaround is available. 24 hours The Supplier reserves the right to update support policies from time to time, but only to the extent that the update does not materially and adversely diminish the Customer’s rights to support services as provided in this Exhibit. This Schedule (the “Professional Services Schedule”) contains terms that apply to the Supplier’s provision of Professional Services to the Customer under the Agreement. The terms of this Professional Services Schedule are hereby incorporated by reference into the Agreement and applicable to the Professional Services described in a Statement of Work executed by the parties. Capitalized terms in this Professional Services Exhibit shall have the meaning assigned to them in the Agreement unless otherwise defined in this Exhibit.
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Related to Fatal

  • Pandemic An epidemic that spreads over a wide area, crossing borders and defined as a pandemic by the World Health Organisation (WHO) and/or by the competent local authorities of the country where the loss occurred. Isolation of the person, in the event of suspected illness or proven illness, decided by a competent local authority, in order to avoid a risk of spreading said illness in the context of an epidemic or pandemic.

  • Infectious Diseases The Employer and the Union desire to arrest the spread of infectious diseases in the nursing home. To achieve this objective, the Joint Health and Safety Committee may review and offer input into infection control programs and protocols including surveillance, outbreak control, isolation, precautions, worker education and training, and personal protective equipment. The Employer will provide training and ongoing education in communicable disease recognition, use of personal protective equipment, decontamination of equipment, and disposal of hazardous waste.

  • Post-Accident Testing a. The City may require a Covered Employee who caused, or may have caused, an Accident, based on information known at the time of the Accident, to submit to drug and/or alcohol testing. b. Following an Accident, all Covered Employees subject to testing shall remain readily available for testing. A Covered Employee may be deemed to have refused to submit to substance abuse testing if the employee fails to remain readily available, including failing to notify a supervisor (or designee) of the Accident location, or leaving the scene of the Accident prior to submitting to testing. c. Nothing in this section shall delay medical attention for the injured following an Accident or prohibit an employee from leaving the scene of an Accident for the period necessary to obtain assistance in responding to the Accident or to obtain necessary emergency medical care. d. If the City requires a Covered Employee to be tested post-Accident, then the employee may ask for representation. Representation may include, but is not limited to, union representatives and shop stewards. If the employee requests representation, the City shall allow a reasonable amount of time from the time the employee is notified that the employee will be tested (a maximum of one hour) for the employee to obtain representation provided that the union representative meet the employee at the Accident site, work location or testing center as determined by the City. Such request shall not delay the administration of the tests for more than one hour from the time the employee is notified that the employee will be tested. e. As soon as reasonably possible after the occurrence of an Accident, the supervisor or other City representative at the Accident scene shall make best efforts to contact the Department of Human Resources (DHR) or designee, and DHR or designee shall then make best efforts to telephone the union(s) first designated representative on file with DHR representing the Covered Employee(s) involved in the Accident. If the first designated representative does not answer, DHR or designee shall leave a voice mail message notifying the union of the Accident and telephone the union(s) second designated representative on file with DHR. For purposes of this paragraph, a designated representative shall be any union officer or employee whose telephone number is on file with DHR for the purpose of Accident review. The union may change the designated representative, in writing, as necessary from time to time, but it is the sole responsibility of the union to ensure that a current telephone number (with voice mail capability) for two designated representatives are on file with DHR.