Right to Terminate for Failure to Meet Latency Requirement Clause Samples
The 'Right to Terminate for Failure to Meet Latency Requirement' clause gives one party the explicit right to end the contract if the other party fails to maintain agreed-upon latency standards, such as response times for a service or system. Typically, this clause outlines specific latency thresholds and may require documented evidence of repeated or significant failures before termination can occur. Its core function is to protect the party relying on timely performance, ensuring they are not bound to a contract where service delays could harm their operations or business objectives.
Right to Terminate for Failure to Meet Latency Requirement. In the event that the latency requirement described in Section 3.2 is not met for the Service Areas listed in Section 8.3 above in any three calendar months within any four month period, then, at the end of any such third failed month, Cingular shall have the right, in its sole discretion, to terminate the Agreement for cause upon thirty (30) days prior written notice to Infospace or to provide Infospace notice of Cingular’s intent to develop a “Get Well Plan.” In the event that Cingular delivers a “Get Well Plan” notice, the parties will use good faith efforts to agree to and execute on a plan for Infospace to remedy the applicable performance failures and meet the service latency target set forth in Section 3.2. Upon implementation of any such mutually agreed plan, a new four month measurement period to determine compliance with the service availability requirement will commence. Both parties are responsible for ensuring that the contact information is updated and exchanged when circumstances warrant. This information will not be updated and kept current as part of this SLA, but will need to be maintained separately by the two parties outside of this document. Single Point of Contact Name Infospace Carrier Care Title n/a Phone *** Email *** Second Level Contact Name *** Title Manager – Production Operations Phone *** Email *** Third Level Contact Name *** Title Director – Commercial Operations Phone *** Email *** NSD National Operations Center 24 x 7 x 365 Incident Management and Emergency Maintenance *** MMS External Partner Ops 8:00 am – 5:00 pm PT Monday – Friday Incident Root Cause Analysis, Change Management, Performance Reports and Tier 2 Support *** Change Management 8:00 am – 5:00 pm PT Monday – Friday Maintenance Notification – all maintenance ***