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).
Appears in 2 contracts
Sources: Data Subscription Services Agreement, Data Subscription Services Agreement