Common use of Pilot Default Clause in Contracts

Pilot Default. Pilot is in default of this MSA if Pilot fails to cure any non-monetary breach of any material term of this MSA within thirty (30) days of receiving written notice of the breach from Customer ("Pilot Default"); provided, however, that Customer expressly acknowledges that Service related failure or degradation in performance is not subject to a claim of a Pilot Default. Customer's sole and exclusive remedy for any failure of Service is set forth in the applicable Service Addendum. 13.6.1. In the event of a Pilot Default, Customer may terminate the Service(s) and, if Customer so desires, the Agreement, upon written notice to Pilot. Customer shall be responsible for all service charges incurred up to and including the termination date related to the affected Services then due to Pilot, but not for any charges for the Services after the month in which the termination occurred. Upon the termination date, (i) the applicable Service Order(s) shall terminate and Customer shall not be entitled to a refund of any prior consideration paid;

Pilot Default. Pilot is in default of this MSA if Pilot fails to cure any non-monetary breach of any material term of this MSA within thirty (30) days of receiving written notice of the breach from Customer ("Pilot Default"); provided, however, that Customer expressly acknowledges that Service related failure or degradation in performance is not subject to a claim of a Pilot Default. Customer's sole and exclusive remedy for any failure of Service is set forth in the applicable Service Addendum. 13.6.1. In the event of a Pilot Default, Customer may terminate the Service(s) and, if Customer so desires, the Agreement, upon written notice to Pilot. Customer shall be responsible for all service charges incurred up to and including the termination date related to the affected Services then due to Pilot, but not for any charges for the Services after the month in which the termination occurred. Upon the termination date, (i) the applicable Service Order(s) shall terminate and Customer shall not be entitled to a refund of any prior consideration paid;; (ii) all rights of Customer to use the Service(s) shall cease and Pilot may immediately disconnect the circuits without liability to Customer, and (iii) Pilot shall owe Customer no further duties, obligations or consideration with regard to such Service(s).

Pilot Default. Pilot is in default of this MSA if Pilot fails to cure any non-monetary breach of any material term of this MSA within thirty (30) days of receiving written notice of the breach from Customer ("Pilot Default"); provided, however, that Customer expressly acknowledges that Service related failure or degradation in performance is not subject to a claim of a Pilot Default. Customer's sole and exclusive remedy for any failure of Service is set forth in the applicable Service Addendum. 13.6.1. In the event of a Pilot Default, Customer may terminate the Service(s) and, if Customer so desires, the Agreement, upon written notice to Pilot. Customer shall be responsible for all service charges incurred up to and including the termination date related to the affected Services then due to Pilot, but not for any charges for the Services after the month in which the termination occurred. Upon the termination date, (i) the applicable Service Order(s) shall terminate and Customer shall not be entitled to a refund of any prior consideration paid;; (ii) all rights of Customer to use the Service(s) shall cease and Pilot may immediately disconnect the circuits without liability to Customer, and (iii) Pilot shall owe Customer no further duties, obligations or consideration with regard to such Service(s).