Chronic Trouble Clause Samples

The "Chronic Trouble" clause defines how ongoing or repeated issues, such as persistent breaches or failures to perform, are addressed within a contract. Typically, this clause outlines the threshold for what constitutes chronic trouble—such as a certain number of repeated incidents within a set timeframe—and specifies the remedies available to the non-breaching party, which may include termination rights or additional penalties. Its core practical function is to provide a clear mechanism for dealing with recurring problems, ensuring that parties are not indefinitely bound to a contract plagued by ongoing issues.
POPULAR SAMPLE Copied 1 times
Chronic Trouble. Customer may terminate an Order for cause if Customer experiences “Chronic Trouble” under an applicable SLA for the Services in such Order. Chronic Trouble means Customer has experienced more than four Events with the same Service, as determined by Element Critical acting reasonably, within a 90-day period measured from the date of the first Event. Additionally, if a Service Level violation specified in sections 4(c) Power Availability or 4(d) Environmental Envelope, persist for more than 72 consecutive hours, Customer may terminate the Order containing the affected Service(s) but not this Agreement, for cause. Customer must give written notice of their intent to terminate the affected Services within 30 days of the Event or 72-hour Event triggering Chronic Trouble. Said termination will be Customer’s sole and exclusive remedy for the applicable Chronic Trouble or 72-hour Event. Said termination will take effect 30 days after Customer gives Element Critical the termination notice.
View SourceView Similar (7)
Chronic Trouble. Customer may terminate an applicable Order for cause (but not this Agreement) if Customer experiences “chronic trouble” under an applicable SLA, provides written notice to EO describing in detail the chronic trouble (inclusive of dates, times, and descriptions of every specific event or issue contributing to said chronic trouble), and EO fails to cure the breach within 30 days following receipt of written notice from the non- breaching party (excluding any breaches relating to the payment of Fees set forth in Section 3, which shall not require further notice) (the “Cure Period”) . An individual “Event” means any failure by EO to satisfy the corresponding Service Level in an SLA. Customer expressly understands and agrees that it may not
View SourceView Similar (3)
Chronic Trouble. (a) Reporting. Whenever a Customer reports to XO that a Service has Chronic Trouble, XO will immediately investigate and report its findings to Customer.
View SourceView Similar (2)
Chronic Trouble. In the event a Service experiences three (3) or more outages resulting in the granting of Outage Credits in any contiguous ninety (90) day period or more than twenty-four (24) hours of continuous outage on a Service, Customer may, upon notice, terminate the affected Service without incurring Termination Liability for that Service.
View Source
Chronic Trouble. A Dedicated Internet Access circuit is considered to have Chronic Trouble in the event that PSL is unable to restore the service on three (3) or more separate occasions of more than ten (10) hours each or for more than thirty-six (36) cumulative hours in any given calendar month. The Customer shall have the option to either (a) obtain credits as set forth above or (b) terminate the affected circuit without liability provided the findings from the Chronic Trouble investigation find no fault is caused, or Contributed to, directly or indirectly, by any act or omission of Customer and / or end user, affiliates, Agents or representatives.
View Source
Chronic Trouble. The Service is considered to have chronic trouble if the dedicated instance of the Service experiences: (i) a single Service Outage in excess of seventy-two (72) hours, (ii) three (3) or more Service Outages in any thirty (30) consecutive day period, or (iii) five (5) or more Service Outages in any six (6) month period (each, a “Chronic Trouble”). In the event of Chronic Trouble, Customer shall have the right to terminate the affected Service without further liability to Integra, provided that written notice of termination is provided to Integra within thirty (30) days of the Chronic Trouble giving rise to the termination right under this Section. If Customer does not exercise its termination right within such thirty (30) day period, such right shall lapse with respect to that instance of Chronic Trouble and Customer will have waived its termination right.
View Source
Chronic Trouble. INAP will be considered to have materially breached an Order (but not this Agreement) and Customer may terminate the applicable Order for cause if Customer experiences “chronic trouble” under an applicable SLA. “Chronic trouble” means Customer has experienced more than three Events with the same Service, as determined by INAP acting reasonably, within a 60-day period (measured from the date of the first Event). An individual “Event” means failure to satisfy the corresponding Service Level (defined in Section 9.1) in an SLA.
View Source
Chronic Trouble. A Dedicated Internet Access circuit is considered to have Chronic Trouble in the event that PCAIPL is unable to restore the service on three (3) or more separate occasions of more than ten (10) hours each or for more than thirty-six (36) cumulative hours in any given calendar month. The Customer shall have the option to either (a) obtain credits as set forth above or (b) terminate the affected circuit without liability provided the findings from the Chronic Trouble investigation find no fault is caused, or Contributed to, directly or indirectly, by any act or omission of Customer and / or end user, affiliates, Agents or representatives.
View Source
Chronic Trouble 
View SourceView Similar (4)

Related to Chronic Trouble

  • Workplace Violence Prevention and Crisis Response (applicable to any Party and any subcontractors and sub-grantees whose employees or other service providers deliver social or mental health services directly to individual recipients of such services): Party shall establish a written workplace violence prevention and crisis response policy meeting the requirements of Act 109 (2016), 33 VSA §8201(b), for the benefit of employees delivering direct social or mental health services. Party shall, in preparing its policy, consult with the guidelines promulgated by the U.S. Occupational Safety and Health Administration for Preventing Workplace Violence for Healthcare and Social Services Workers, as those guidelines may from time to time be amended. Party, through its violence protection and crisis response committee, shall evaluate the efficacy of its policy, and update the policy as appropriate, at least annually. The policy and any written evaluations thereof shall be provided to employees delivering direct social or mental health services. Party will ensure that any subcontractor and sub-grantee who hires employees (or contracts with service providers) who deliver social or mental health services directly to individual recipients of such services, complies with all requirements of this Section.

  • Reporting of Non-Force Majeure Events Each Party (the “Notifying Party”) shall notify the other Parties when the Notifying Party becomes aware of its inability to comply with the provisions of this Agreement for a reason other than a Force Majeure event. The Parties agree to cooperate with each other and provide necessary information regarding such inability to comply, including the date, duration, reason for the inability to comply, and corrective actions taken or planned to be taken with respect to such inability to comply. Notwithstanding the foregoing, notification, cooperation or information provided under this Article shall not entitle the Party receiving such notification to allege a cause for anticipatory breach of this Agreement.

  • Function of Joint Health and Safety Committee All incidents involving aggression or violence shall be brought to the attention of the Joint Health and Safety Committee. The Employer agrees that the Joint Health and Safety Committee shall concern itself with all matters relating to violence to staff.

  • Accident Prevention Health and Safety Committee (a) The Company and the Union agree that they mutually desire to maintain standards of safety and health in the Company in order to prevent accidents, injury and illness. (b) Recognizing its responsibilities under the applicable legislation, the Company agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one representative selected or appointed by the Union from amongst bargaining unit employees. (c) Such Committee shall identify potential dangers and hazards, institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health. (d) The Company agrees to cooperate reasonably in providing necessary information to enable the Committee to fulfil its functions. (e) Meetings shall be held every second month or more frequently at the call of the chair if required. The Committee shall maintain minutes of all meetings and make the same available for review. (f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one calendar year from the date of appointment which may be renewed for further periods of one year. Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and time so spent attending such meetings shall be deemed to be work time for which the representative(s) shall be paid by the Company at his regular or premium rate as may be applicable. (g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices. (h) Pregnant employees may request to be transferred from their current duties if, in the professional opinion of the employee's physician, the pregnancy may be at risk. If such a transfer is not feasible, the pregnant employee, if she so requests, will be granted an unpaid leave of absence before commencement of the maternity leave referred to in Article 15.04. (i) Where the Company identifies high-risk areas where employees are exposed to Hepatitis B, the Company will provide, at no cost to the employees, a Hepatitis B vaccine. (j) The Company will recognize April 28 as the annual day of remembrance for workers killed, injured or have contracted a work related disease on the job. Subject to the requirements of patient care, the Company agrees to stop work and provide a minute of silence for all employees at 11:00 A.M. April 28, in memory of workers killed or injured on the job. The Company will announce on its public address system at 11:00 a.m., April 28 that all employees will be observing a minute of silence in memory of workers killed or injured in the job.

  • Virus Detection You will be responsible for the installation and proper use of any virus detection/scanning program we require from time to time.