Common use of Repeated Failures Clause in Contracts

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. 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 2 208 (Deductions for Performance Failures) or paragraph 4 210 (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].