Common use of Failure to meet Uptime Service Levels Clause in Contracts

Failure to meet Uptime Service Levels. If the Uptime Service Level outlined in clause 3 is not achieved in any billing month, Data Republic must promptly notify Participant, and Data Republic must: (a) as soon as practicable and in any event no longer than 14 days following the failure to meet the applicable Service Level, provide Participant with a written report detailing the cause of, and any consequences of, such failure to achieve or exceed the Service Level, and Data Republic's proposed procedure for correcting the failure (Rectification Plan); (b) implement the Rectification Plan, allocating such resources as may be necessary; and (c) certify to Participant that all reasonable action has been taken to prevent any recurrence of such failure.