Examples of Minor Default in a sentence
If the Event of Default is a Minor Default, the operation of this Agreement shall not take effect unless or until DRLP3 has first sought to commence legal action to enforce payment or performance of the Obligations and any remedy obtained under such action has not satisfied the Obligations of NPS or any judgement obtained pursuant to such action remains unsatisfied by NPS for more than 15 Business Days after the rendering of such judgement (without the necessity of appeal from such judgement).
Notwithstanding anything to the contrary contained in this Lease, if any Minor Default is not cured at or prior to the cap on Delay Fees being met as to such Minor Default and specific performance is not reasonably available.
Tenant specifically and expressly acknowledges that damages would not constitute an adequate remedy for any Nonmonetary Default or Minor Default.
For example, if hosting is unavailable for a total of 200 minutes in a 30-day month, then Production Uptime is [1-(200/43,200)*100%] = 99.5% Target Service Level: Production Uptime is greater than or equal to 99.95% Minor Default: Production Uptime is less than 99.95% but greater than or equal to 98% Major Default: Production Uptime is less than 98% Measurement Period: Measured on a monthly basis.
Tenant shall not be in default of these obligations until it has received a Minor Default Notice which includes, in all capital and bold letters in a size no smaller than the largest print on the Minor Default Notice, the following legend: "FAILURE TO TIMELY TAKE ACTION MAY RESULT IN ENFORCEMENT ACTION” and the opportunity to cure that is afforded Tenant in the definition of Delay Fee under this Lease.