Chronic Failure. If the Availability Performance Requirement is (i) below [*****] in any [*****]; (ii) below [*****] in any [*****]; or (iii) below [*****] in any [*****] during the term of the Agreement (“Chronic Failure”), AT&T may terminate this Agreement upon written notice to LICENSOR. Such termination shall be AT&T’s sole remedy for a Chronic Failure.
Appears in 3 contracts
Sources: License and Service Agreement, License and Service Agreement (TNAV Holdings, Inc.), License and Service Agreement (TNAV Holdings, Inc.)