Remedy for Failure

Remedy for Failure to Meet Target Availability

If there is a verified failure of a Service to meet Target Availability in two (2) consecutive months, then Customer may terminate the applicable Subscription Term by sending written notice of termination within thirty (30) days after the end of the second such month, in which case Approve Owl will refund to Customer any fees Customer has pre-paid for use of such Service for the terminated portion of the applicable Subscription Term. This termination and refund right is Customer’s sole and exclusive remedy, and Approve Owl’s sole and exclusive liability, for Approve Owl’s failure to meet the Target Availability.