Repeated Failures. Contractor acknowledges that it shall be a material breach of this Agreement (for which the Court may exercise its rights under Appendix C, section 6.2 (“Termination for Cause”)) if (i) the Court discovers and reports Defective Services three or more times in any 12 month period, or (ii) Contractor fails to re-perform Defective Services in accordance with Section 7.2 (“Re-Performance of Defective Services”) two times during the Term.
Repeated Failures. Notwithstanding the foregoing or any other provision hereof, (i) repeated failure to make payment when required, even if subsequently cured; and/or (ii) repeated failure to provide the attested royalty statements, reports and/or certificates or to comply with other audit and information rights set forth under Section 9, may, in the case of (i) and/or (ii) be a basis for a proceeding before the private judge and, if determined by the private judge to have been cumulatively material and evincing an intent to avoid, or reckless disregard for, compliance with such obligations, shall be determined by the private judge to constitute a material breach giving rise to a right of termination in the non-breaching party. In the event of any such breach, the party asserting the breach shall advise the other party in writing of such claimed breach reasonably promptly after discovering such breach.
Repeated Failures. Subject to paragraph 1 (Entitlement to make Deductions) of this Section 3 (Deductions from Monthly Service Payments) if: a Performance Failure in respect of the same Performance Standard; or an Availability Failure in respect of the same Availability Standard, occurs [ ] or more times in a rolling period of [ ] consecutive Contract Months, then the Deduction calculated pursuant to paragraph 2 (Deductions for Performance Failures) or paragraph 4 (Deductions for Availability Failures) of this Section 3 (Deductions from Monthly Service Payments) for the [ ] and each subsequent such Performance Failure and/or the [ ] and each subsequent such Availability Failure during the relevant period of [ ] consecutive Contract Months shall be multiplied by [1.5].
Repeated Failures. In the event that: (1) Seller fails to satisfy the Service Level Commitment for any three (3) months in a twelve (12) month period; or (2) the total availability of the Databases falls below 95% (36 hours of downtime) in any given month, Seller shall be deemed to have breached this Agreement and Buyer shall have an immediate right to terminate this Agreement pursuant to Section 14 (notwithstanding any cure period).
Repeated Failures. Notwithstanding the foregoing or any other provision hereof, repeated failure to make payment when required, even if subsequently cured, may be a basis for a proceeding before the Umpire or private judge and, if determined by the Umpire or private judge to have been cumulatively material and evincing an intent to avoid, or reckless disregard for, compliance with such obligation, shall be determined by the Umpire or private judge to constitute a material breach giving rise to a right of termination in the non-breaching party. In the event of any such breach, the party asserting the breach shall advise the other party in writing of such claimed breach reasonably promptly after discovering such breach.
Repeated Failures. Service Provider fails to meet the same Service Level (other than those associated with IE outages) four (4) times or more within any period of six (6) consecutive months, or Service Provider causes any unplanned IE outages four (4) or more times in any consecutive six (6) months).
Repeated Failures. If the Province delivers to Supplier a second Failure Notice relating to the same Test Component and the failure described in the Failure Notice would cause a Priority Level 1 or 2 service impact as defined in Exhibit A to Schedule 3.5, then Supplier will reimburse the Province for all internal and external costs and expenses incurred by the Province in connection with any subsequent Acceptance Testing conducted in respect of the Test Component.
Repeated Failures. In the event that: (1) Seller fails to satisfy the Service Level Commitment for any three
Repeated Failures. Service Provider fails to meet the same Service Level (other than those associated with *****).
Repeated Failures. If two Compliance Failure Events occur with respect to any one of the Performance Indicators listed in the table in Section 5 of this Appendix, then the following will apply:
