Common use of Performance Objective Default Clause in Contracts

Performance Objective Default. 1. Except as provided herein or otherwise cured as provided in the SOW, Vendor’s failure to meet a particular Performance Objective for **** months shall constitute Vendor’s failure to perform to the stated Performance Objective (“Continuous Performance Default”). In the event of a Continuous Performance Default, Comcast may terminate the applicable Program which is the subject of the Continuous Performance Default in accordance with this SOW and the Agreement. 2. If Comcast wishes to terminate the applicable Program, which is the subject of the Continuous Performance Default, Comcast shall give Vendor written termination notice within **** days of the Continuous Performance Default and provide the basis for the termination notice. Vendor shall have **** days from receipt of the termination notice within which to cure the Continuous Performance Default. If Vendor has been unable to cure the default within such **** day period, then Comcast shall be entitled to immediately terminate the Program that relates to the Continuous Performance Default upon written notice to Vendor providing the reason for the termination. 3. In the event Vendor is able to cure such Continuous Performance Default within such **** day period and sustain achievement of such Performance Objective for **** then Comcast’s notice of termination shall be automatically rescinded. If Vendor does not achieve the Performance Objective within such **** period after “cure period”, then Comcast may terminate the applicable Program which was the subject of the Continuous Performance Default upon written notice to Vendor providing the reason for termination.