Common use of Notice of Failure Clause in Contracts

Notice of Failure. In the event that a newly activated Modem Box meets ----------------- or exceeds any of the failure thresholds specified in Paragraph 3.1 ("Acceptance Criteria and Data") within the six (6) day test period, AOL may, at its option, send AVANTEL an e-mail notice of rejection, specifying the failure thresholds which were met or exceeded during the test. In determining acceptance, AOL shall not hold AVANTEL accountable for problems due to AOL's client software. Provided that all relevant daily performance data has been provided to AOL as required by Paragraph 3.1 ("Acceptance Criteria and Data"), any Modem Boxes that have not been rejected by AOL by the end of the sixth day following activation will be deemed accepted.

Notice of Failure. In the event that a newly activated Modem Box ----------------- meets ----------------- or exceeds any of the failure thresholds specified in Paragraph 3.1 ("Acceptance Criteria and Criteria_and Data") within the six (6) day test period, AOL may, at its option, send AVANTEL EMBRATEL an e-mail notice of rejection, specifying the failure thresholds which were met or exceeded during the test. In determining acceptance, AOL shall not hold AVANTEL EMBRATEL accountable for problems due to AOL's client software. Provided that all relevant daily performance data has been provided to AOL as required by Paragraph Section 3.1 ("Acceptance Criteria and Criteria_and Data"), ) any Modem Boxes that have not been rejected by AOL by the end of the sixth day following activation will be deemed accepted.

Notice of Failure. In the event that a newly activated Modem Box ----------------- meets ----------------- or exceeds any of the failure thresholds specified in Paragraph 3.1 ("Acceptance Criteria and Data") within the six (6) day test period, AOL may, at - its option, send AVANTEL IMPSAT an e-mail notice of rejection, specifying the failure thresholds which were met or exceeded during the test. In determining acceptance, AOL shall not hold AVANTEL IMPSAT accountable for problems due to AOL's client software. Provided that all relevant daily performance data has been provided to AOL as required by Paragraph 3.1 ("Acceptance Criteria and Data"), ) any Modem Boxes that have not been rejected by AOL by the end of the sixth day following activation will be deemed accepted.

Notice of Failure. In the event that a newly activated Modem Box ----------------- meets ----------------- or exceeds any of the failure thresholds specified in Paragraph Section 3.1 ("Acceptance Criteria and Data") within the six (6) day test period, AOL may, at its option, send AVANTEL NETSTREAM an e-mail notice of rejection, specifying the failure thresholds which were met or exceeded during the test. In determining acceptance, AOL shall not hold AVANTEL NETSTREAM accountable for problems due to AOL's client software. Provided that all relevant daily performance data has been provided to AOL as required by Paragraph Section 3.1 ("Acceptance Criteria and Data"), ) any Modem Boxes that have not been rejected by AOL by the end of the sixth day following activation will be deemed accepted.

Notice of Failure. In the event that a newly activated Modem Box meets or ----------------- or exceeds any of the failure thresholds specified in Paragraph 3.1 ("Acceptance Criteria and Data") within the six (6) [*] day test period, AOL may, at its option, send AVANTEL an e-mail notice of rejection, specifying the failure thresholds which were met or exceeded during the test. In determining acceptance, AOL shall not hold AVANTEL accountable for problems due to AOL's client software. Provided that all relevant daily performance data has been provided to AOL as required by Paragraph 3.1 ("Acceptance Criteria and Data"), any Modem Boxes that have not been rejected by AOL by the end of the sixth day following activation will be deemed accepted.

Notice of Failure. In the event that a newly activated Modem Box ----------------- meets ----------------- or exceeds any of the failure thresholds specified in Paragraph 3.1 ("Acceptance Criteria and Data") within the six (6) day test period, AOL may, at its option, send AVANTEL IMPSAT an e-mail notice of rejection, specifying the failure thresholds which were met or exceeded during the test. In determining acceptance, AOL shall not hold AVANTEL IMPSAT accountable for problems due to AOL's client software. Provided that all relevant daily performance data has been provided to AOL as required by Paragraph 3.1 ("Acceptance Criteria and Data"), ) any Modem Boxes that have not been rejected by AOL by the end of the sixth day following activation will be deemed accepted.

Notice of Failure. In the event that a newly activated Modem Box meets ----------------- or exceeds any of the failure thresholds specified in Paragraph Section 3.1 ("Acceptance Criteria and Data") within the six (6) day test period, AOL may, at its option, send AVANTEL NETSTREAM an e-mail notice of rejection, specifying the failure thresholds which were met or exceeded during the test. In determining acceptance, AOL shall not hold AVANTEL NETSTREAM accountable for problems due to AOL's client software. Provided that all relevant daily performance data has been provided to AOL as required by Paragraph Section 3.1 ("Acceptance Criteria and Data"), ) any Modem Boxes that have not been rejected by AOL by the end of the sixth day following activation will be deemed accepted.