Termination Option for Chronic Problems. Customer may terminate a specific Service if the Customer experiences Chronic Problems (as defined in the applicable Service Level Agreement) with such Service. Customer must provide DataBank written notice of termination for Chronic Problems as specified in the Service Level Agreement and such termination will be effective as provided in the Service Level Agreement.
Termination Option for Chronic Problems. Customer may terminate this Agreement for cause and without penalty, by notifying CNP within five (5) business days following the end of a calendar month in the event either of the following occurs:
Termination Option for Chronic Problems. Either party may terminate this Agreement and without liability or penalty by notifying the other party within ten (10) days following the occurrence of either of the following: (1) Customer experiences more than five (5) Unscheduled Downtime periods in any three (3) consecutive calendar month period; or (2) Customer experiences more than eight (8) consecutive business hours of Unscheduled Downtime due to any single event. Such termination will be effective thirty (30) days after receipt of such notice by the terminating party.
Termination Option for Chronic Problems. If, in any single calendar month, Customer would be able to receive credits totaling fifteen (15) or more days (but for the limitation in paragraph (iv) above) resulting from three (3) or more events during such calendar month or, if any single event entitling customer to credits under paragraph 5.2(a)(i) exits for a period of eight (8) consecutive hours, then, Customer may terminate this Agreement for cause and without penalty by notifying Exodus within five (5) days following the end of such calendar month. Such termination will be effective thirty (30) days after receipt of such notice by Exodus. THIS WARRANTY DOES NOT APPLY TO ANY INTERNET DATA CENTER SERVICES THAT EXPRESSLY EXCLUDE THIS WARRANTY (AS DESCRIBED IN THE SPECIFICATION SHETS FOR SUCH PRODUCTS). THIS SECTION 5.2(a) STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY EXODUS TO PROVIDE INTERNET DATA CENTER SERVICES.
Termination Option for Chronic Problems. Customer may terminate this Agreement for cause and without penalty by notifying Provider within five (5) days following the end of a calendar month in the event either of the following occurs: (i) Customer experiences more than fifteen (15) Downtime Periods resulting from three (3) or more nonconsecutive Downtime events during the calendar month; or (ii) Customer experiences more than eight (8) consecutive hours of Downtime due to any single event. Such termination will be effective thirty (30) days after Provider receives such notice from Customer.
Termination Option for Chronic Problems. If, in any single calendar month, Client would be able to receive credits totaling fifteen (15) or more days (but for the limitation in subparagraph D above) resulting from three (3) or more events during such calendar month or, if any single event entitling Client to credits under subparagraph A exists for a period of eight (8) consecutive hours, then, Client may terminate the applicable Service for cause and without termination fee by notifying Globix within five (5) days following the end of such calendar month. Termination will be effective thirty (30) days after receipt of such notice by Globix. [GLOBIX(TM) LOGO] GLOBIX CORPORATION MASTER SERVICE AGREEMENT CONTACT FORM (vB1.01) -------------------------------------------------------------------------------- COMPANY INFORMATION -------------------------------------------------------------------------------- *Company Name: -------------------------------------------------------------------------------- *Address: *Flr/Suite: -------------------------------------------------------------------------------- *City: *State: *Zip Code: -------------------------------------------------------------------------------- Business Alias/DBA: -------------------------------------------------------------------------------- *Main Phone: Main Fax: -------------------------------------------------------------------------------- SHIPPING INFORMATION [ ] Same as company information -------------------------------------------------------------------------------- *Shipping Contact: -------------------------------------------------------------------------------- *Address: *Flr/Suite: -------------------------------------------------------------------------------- *City: *State: *Zip Code: -------------------------------------------------------------------------------- ADMINISTRATIVE/TECHNICAL CONTACT: PRIMARY -------------------------------------------------------------------------------- *Name: Title: -------------------------------------------------------------------------------- [ ]Address same as company information -------------------------------------------------------------------------------- Company: -------------------------------------------------------------------------------- *Address: *Flr/Suite: -------------------------------------------------------------------------------- *City: *State: *Zip Code: -------------------------------------------------------------------------------- *e-mail: *Office Phone: ---------...
Termination Option for Chronic Problems. If, in any single calendar month, Client would be able to receive credits totaling fifteen (15) or more days (but for the limitation in subparagraph D above) resulting from three (3) or more events during such calendar month or, if any single event entitling Client to credits under subparagraph A exists for a period of eight (8) consecutive hours, then, Client may terminate the applicable Service for cause and without termination fee by notifying Globix within five (5) days following the end of such calendar month. Termination will be effective thirty (30) days after receipt of such notice by Globix. [GLOBIX LOGO] GLOBIX CORPORATION MASTER SERVICE AGREEMENT ADDENDUM -------------------------------------------------------------------------------- The changes, deletions and/or additions in this addendum shall apply to the Master Service Agreement dated September 25, 2002 by and between the parties hereto and are referenced by paragraph more specifically as follows:
Termination Option for Chronic Problems. If, in any single calendar month, Customer would be able to receive credits totaling [***] or more events during such calendar month or, if any single event entitling customer to credits under paragraph 5.2(a)(i) exits for a period of [***], then, Customer may terminate this Agreement for cause and without penalty by notifying Exodus within [***] days following the end of such calendar month. Such termination will be effective [***] days after receipt of such notice by Exodus. THIS WARRANTY DOES NOT APPLY TO ANY INTERNET DATA CENTER SERVICES THAT EXPRESSLY EXCLUDE THIS WARRANTY (AS DESCRIBED IN THE SPECIFICATION SHEETS FOR SUCH PRODUCTS). THIS SECTION 5.2(a) STATES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY EXODUS TO PROVIDE INTERNET DATA CENTER SERVICES.
Termination Option for Chronic Problems. If, in any single calendar month, Customer would be able to receive credits totaling fifteen (15) or more days (but for the limitation in paragraph (iv) above) resulting from three (3) or more events during such calendar month or, if any single event entitling customer to credits under paragraph 5.2(a)(1) exists for a period of eight (8) consecutive hours, then Customer may terminate this Agreement for cause and without penalty by notifying Exodus within five (5) days following the end of such calendar month. Such termination shall be considered termination for cause pursuant to Section 8.2(b) and will be effective thirty (30) days after receipt of such notice by Exodus, subject to the provision of the Transition Services set forth in Section 8.7.
Termination Option for Chronic Problems. If, in any single calendar month, Customer would be able to receive credits totaling [**] resulting from [**] or more events during such calendar month or, if any single event entitling Customer to credits under paragraph 5.2(a)(i) exits for a period of [**], then Customer may terminate this Agreement for cause and without penalty by notifying Exodus within five (5) days following the end of such calendar month. Such termination will be effective in not less than ten (10) days and not more than sixty (60) days after receipt of such notice by Exodus. THIS WARRANTY DOES NOT APPLY TO ANY INTERNET DATA CENTER SERVICES THAT EXPRESSLY EXCLUDE THIS WARRANTY (AS DESCRIBED IN THE SPECIFICATION SHEETS FOR SUCH PRODUCTS).
