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An SLA is a contract.
A contract is... a contract.
Read it carefully. 
- - ferg
Agreed, any termination liability is something to consider. You also
need to consider the impact to your business that the SLA violations is
causing and how that might translate to dollars.
Documentation is going to be key if the vendor is nickel and diming you.
If you have solid documentation of a pattern of behavior that is
contrary to the spirit (and hopefully letter) of your SLA the vendor is
probably not going to push the termination liability. They may not
refund for SLA violations but they also would probably not push the
termination liability too far. SLA claims can turn into a game of
chicken at times. If you honestly feel your position is solid, don't
blink.
Good luck,
Chad
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