Multiple failures Clause Samples
The "Multiple failures" clause defines how a contract addresses situations where more than one breach or failure occurs simultaneously or in close succession. Typically, this clause clarifies whether each failure is treated separately or if they are aggregated for the purposes of remedies, liability, or calculating damages. For example, if a party misses several deadlines or fails to meet multiple obligations at once, the clause will specify if these are considered as one combined event or as distinct breaches. Its core function is to provide clarity and prevent disputes over how multiple breaches are handled, ensuring both parties understand the consequences and potential liabilities in such scenarios.
Multiple failures. In the case of a plan with more than one Operational Failure in a single year, or Operational Failures that occur in more than one year, the Operational Failures are eligible for correction under this section 8 only if all of the Operational Failures are insignificant in the aggregate. Operational Failures that have been corrected under SCP in section 9 and VCP in sections 10 and 11 are not taken into account for purposes of determining if Operational Failures are insignificant in the aggregate.
Multiple failures. In the case of a plan with more than one Operational Failure in a single year, or Operational Failures that occur in more than one year, the Operational Failures are eligible for correction under this section only if all of the Operational Failures are insignificant in the aggregate. Operational Failures that have been corrected under APRSC in section 9, the VCR program in section 10, Walk- in CAP in section 11 or TVC in section 11 are not taken into account for purposes of determining if Operational Failures are insignificant in the aggregate.
Multiple failures. Due to the interdependency of the Super Service Levels, [*] Super SLA Penalty shall be payable with respect to performance in any [*], whether Servicer fails to meet [*] of Servicer’s Default Levels in that [*]. In addition, failure to meet [*] of Servicer’s Default Levels in [*] shall [*] for purposes or calculating the penalty for any subsequent failure.
Multiple failures. Group 3 includes:
a. Claimants who, according to Google’s or Verizon’s records, reported experiencing the alleged Audio Defect and then reported experiencing the alleged Audio Defect at least once on a replacement Pixel. The Claim Form provided to such Class members will be pre-populated to show that Google’s or Verizon’s records indicate they are eligible to receive a Settlement payment based on multiple Pixel failures. To complete a claim, Group 3 Claimants who receive such a pre-populated Claim Form will only need to confirm the information and submit the form.
b. Claimants who purchased a Pixel that they attest experienced the alleged Audio Defect, who further attest that they received a replacement Pixel that experienced the alleged Audio Defect, and who submit Documentation deemed sufficient by the Settlement Administrator to establish that they reported experiencing the alleged Audio Defect and also reported experiencing the alleged Audio Defect at least once on a replacement Pixel.
Multiple failures. The concurrent failure of each unrelated piece of equipment or subsystem shall be considered a separate call and shall be subject to the same monitoring process.
Multiple failures. If more than one item has failed when You or Your nominated Repairer notify Us of a fault, all associated costs for that Repair will be handled and dealt with as one claim for Repair.
Multiple failures. In the rare instance that Provider fails to respond to Availability, Severity 1, or Severity 2, or response time failures or issues within the required response times more than three (3) times in one month, Customer and Provider will promptly escalate such failures for resolution through consultation between the parties' management.