Common use of Termination for Material and Repeated Failures Clause in Contracts

Termination for Material and Repeated Failures. Subscriber shall have, in addition to any other rights and remedies under this Agreement or at law, the right to immediately terminate this Agreement or an Exhibit A, and be entitled to a return of any prepaid service fees where Service Provider fails to meet any Service Level Standard: (a) to such an extent that the Subscriber’s ability, as solely determined by Subscriber, to use the Services is materially disrupted, force majeure events excepted; or, (b) for four (4) months out of any twelve (12) month period.

Termination for Material and Repeated Failures. Subscriber shall have, in addition to any other rights and remedies under this Agreement or at law, the right to immediately terminate this Agreement or an Exhibit A, and be entitled to a return of any prepaid service fees where Service Provider fails to meet any Service Level Standard: (a) to such an extent that the Subscriber’s ability, as solely determined by Subscriber, to use the Services is materially disrupted, force majeure events excepted; or, (b) for four (4) months out of any twelve (12) month period.