Repeated Failures Sample Clauses

Repeated Failures. Service Provider fails to meet the same Service Level (other than those associated with IE outages) four (4) times or more within any period of six (6) consecutive months, or Service Provider causes any unplanned IE outages four (4) or more times in any consecutive six (6) months).

Repeated Failures. Notwithstanding the foregoing or any other provision hereof, repeated failure to make payment when required, even if subsequently cured, may be a basis for a proceeding before the Umpire or private judge and, if determined by the Umpire or private judge to have been cumulatively material and evincing an intent to avoid, or reckless disregard for, compliance with such obligation, shall be determined by the Umpire or private judge to constitute a material breach giving rise to a right of termination in the non-breaching party. In the event of any such breach, the party asserting the breach shall advise the other party in writing of such claimed breach reasonably promptly after discovering such breach.

Repeated Failures. Subject to paragraph 1 (Entitlement to make Deductions) of this Section 3 (Deductions from Monthly Service Payments) if: a Performance Failure in respect of the same Performance Standard; or an Availability Failure in respect of the same Availability Standard, occurs [ ] or more times in a rolling period of [ ] consecutive Contract Months, then the Deduction calculated pursuant to paragraph 2 (Deductions for Performance Failures) or paragraph 4 (Deductions for Availability Failures) of this Section 3 (Deductions from Monthly Service Payments) for the [ ] and each subsequent such Performance Failure and/or the [ ] and each subsequent such Availability Failure during the relevant period of [ ] consecutive Contract Months shall be multiplied by [1.5].

Repeated Failures. In the event that: (1) Seller fails to satisfy the Service Level Commitment for any three

Repeated Failures. If the Province delivers to Supplier a second Failure Notice relating to the same Test Component and the failure described in the Failure Notice would cause a Priority Level 1 or 2 service impact as defined in Exhibit A to Schedule 3.5, then Supplier will reimburse the Province for all internal and external costs and expenses incurred by the Province in connection with any subsequent Acceptance Testing conducted in respect of the Test Component.

Repeated Failures. Notwithstanding the foregoing or any other provision hereof, (i) repeated failure to make payment when required, even if subsequently cured; and/or (ii) repeated failure to provide the attested royalty statements, reports and/or certificates or to comply with other audit and information rights set forth under Section 9, may, in the case of (i) and/or (ii) be a basis for a proceeding before the private judge and, if determined by the private judge to have been cumulatively material and evincing an intent to avoid, or reckless disregard for, compliance with such obligations, shall be determined by the private judge to constitute a material breach giving rise to a right of termination in the non-breaching party. In the event of any such breach, the party asserting the breach shall advise the other party in writing of such claimed breach reasonably promptly after discovering such breach.

Repeated Failures. In the event that: (1) Seller fails to satisfy the Service Level Commitment for any three (3) months in a twelve (12) month period; or (2) the total availability of the Databases falls below 95% (36 hours of downtime) in any given month, Seller shall be deemed to have breached this Agreement and Buyer shall have an immediate right to terminate this Agreement pursuant to Section 14 (notwithstanding any cure period).

Repeated Failures. If two Compliance Failure Events occur with respect to any one of the Performance Indicators listed in the table in Section 5 of this Appendix, then the following will apply: (a) within 10 Business Days of the second such Compliance Failure Event, Project Co will provide the Authority with a reasonable plan for correcting such failures; (b) if Project Co puts forward a plan, the Authority will have 10 Business Days from receipt of the plan within which to notify Project Co that the Authority, acting reasonably, does not accept the plan, failing which the Authority will be deemed to have accepted the plan; (c) if the Authority notifies Project Co that it does not accept the plan as being reasonable, the parties will use all reasonable efforts within the following five Business Days to agree to any necessary amendments to the plan put forward and in the absence of an agreement, the question of whether the plan will remedy such Compliance Failure Events in a reasonable manner (and, if not, what would be a reasonable plan) may be referred by either party for resolution in accordance with the Dispute Resolution Procedure; (d) Project Co will fully implement the plan accepted by the Authority, otherwise agreed by the parties or that has been determined to be reasonable pursuant to the Dispute Resolution Procedure; and (e) if Project Co fails to achieve any material element of the plan or if another Compliance Failure Event occurs with respect to the same Performance Indicator: (1) Project Co will retain a qualified third party consultant, acceptable to the Authority, to provide an independent peer review of Project Co’s plans, drawings and other Submittals in advance of submitting them to the Authority; and (2) it is a condition of the Authority’s review of the Submittals that such consultant has certified that the consultant is of the opinion that the Submittals are in compliance with and meet the requirements of this Agreement.

Repeated Failures. Service Provider fails to meet the same Service Level (other than those associated with *****).