Common use of Material Failure Clause in Contracts

Material Failure. If (i) T-Mobile materially fails to provide a Product or Service (unless T-Mobile is exercising its rights under the Suspension or Termination for Cause section), (ii) Customer provides T-Mobile with written notice of the failure and a reasonable opportunity to cure within 30 days from receipt of notice, (iii) T-Mobile fails to cure the material failure within the 30-day cure period, and (iv) Customer provides T-Mobile with written notice of T-Mobile’s failure to cure and Customer’s election to terminate the affected Product or Service, then Customer may terminate such Product or Service without early termination liability. T-Mobile’s material failure does not include a failure caused by Customer or a Force Majeure Event. If T-Mobile disputes the basis for Customer’s termination, T-Mobile must invoke the negotiation process outlined in the Dispute Resolution section below.

Material Failure. If (i) T-Mobile materially fails to provide a Product or Service (unless T-Mobile is exercising its rights under the Suspension or Termination for Cause section), (ii) Customer provides T-Mobile with written notice of the failure and a reasonable opportunity to cure within 30 days from receipt of notice, (iii) T-Mobile fails to cure the material failure within the 30-day cure period, and (iv) Customer provides T-Mobile with written notice of T-T- Mobile’s failure to cure and Customer’s election to terminate the affected Product or Service, then Customer may terminate such Product or Service without early termination liability. T-Mobile’s material failure does not include a failure caused by Customer or a Force Majeure Event. If T-Mobile disputes the basis for Customer’s termination, T-T- Mobile must invoke the negotiation process outlined in the Dispute Resolution section below.