Common use of Material Failure Clause in Contracts

Material Failure. If (i) Sprint materially fails to provide a Product or Service (unless Sprint is exercising its rights under the Suspension or Termination for Cause section), (ii) Customer provides Sprint with written notice of the failure and a reasonable opportunity to cure within 30 days from receipt of notice, (iii) Sprint fails to cure the material failure within the 30-day cure period, and (iv) Customer provides Sprint with written notice of Sprint’s failure to cure and Customer’s election to terminate the affected Product or Service, then Customer may terminate such Product or Service without early termination liability. Sprint’s material failure does not include a failure caused by Customer or a Force Majeure Event. If Sprint disputes the basis for Customer’s termination, Sprint must invoke the negotiation process outlined in the Dispute Resolution section below.