Adjustment of Service Levels. The Parties shall review the Service Levels for the preceding twelve (12) months during the meeting described in Section 10.8, and, (a) with respect to any Service Levels that require periodic adjustment pursuant to this Agreement or are no longer appropriate because of an increase, decrease or change to the Services, shall by mutual agreement adjust the Service Levels for the subsequent Contract Year, and (b) with respect to all other Service Levels, may adjust by mutual agreement the Service Levels for the subsequent Contract Year. In addition, either Party may, at any time upon written notice to the other Party, with a copy to the Fujitsu Services Advisor, initiate negotiations to review and adjust any Service Level at any time pursuant to the Change Control Procedures. Any adjustment to the Service Levels made pursuant to this Section 6.2 shall not be considered an amendment to this Agreement for purposes of Section 3.7. If the Parties cannot reach Agreement, then the Service Levels agreed upon for the preceding Contract Year shall continue to apply.
Adjustment of Service Levels. (5.04) Periodic adjustments of Service Levels and governing rules are described in Schedule E to this Agreement.
Adjustment of Service Levels. FIS shall use reasonable efforts throughout the Term to continuously improve the quality and efficiency of its performance of the Services taken as a whole. Additionally, as the relevant technology that FIS uses in its overall operations changes and improves, FIS will use all reasonable efforts to improve the Services in a similar fashion as appropriate. Either FNT or FIS may, upon notice to the other party, no more frequently than two (2) times in any calendar year, initiate negotiations to review and, upon agreement by FNT and FIS, adjust the Service Level(s) which such party in good faith believes is inappropriate, ineffective or irrelevant at that time or to reflect improved efficiencies and/or capabilities enabled by advances in technology, processes and methods implemented by FIS, including without limitation changes pursuant to the Technology Plan. During such reviews, FIS shall work with FNT to identify possible cost/service level tradeoffs (but any resulting changes in the Service Levels shall be implemented only if mutually agreed). As new technologies and processes are introduced, the Parties shall establish additional Service Levels reflecting industry appropriate practices for those technologies and processes. Until such time as such additional Service Levels for those technologies and processes are agreed upon by the parties, FIS shall provide Services in no event at a level less than provided by FIS to any other of its similarly situated customers, internal or external.
Adjustment of Service Levels. 18 Section 5.4 Reports........................................................................... 18 Section 5.5 Root-Cause Analysis............................................................... 18 Section 5.6
Adjustment of Service Levels. Either Party may, at any time upon notice to the other Party, initiate negotiations to review and, upon agreement by the Management Committee (See Section 7.1), adjust any Service Level which such Party in good faith believes is inappropriate at the time. Any decision by the Management Committee to adjust any Service Level must be made by a vote that includes the affirmative vote of at least one representative of each Party.
Adjustment of Service Levels. The Contract Managers (1) shall review the Service Levels for the preceding 12 months during the last calendar quarter of every Contract Year, (2) with respect to any Service Level subject to periodic adjustment pursuant to an express provision of this Agreement, if such Service Level is no longer appropriate because of an increase, decrease or change to the needs of Customer or the scale or nature of the Services, shall negotiate in good faith and reach mutual agreement on adjustment of the Service Levels for the subsequent Contract Year and, (3) with respect to all other Service Levels, may by mutual agreement adjust the Service Levels for the subsequent Contract Year. In addition, either Party may, at any time upon notice to the other Party, initiate negotiations to review and, upon agreement by the Contract Managers, adjust any Service Level which such Party in good faith believes is inappropriate at the time.
Adjustment of Service Levels. Each Fund and the Transfer Agent may, at any time upon notice to the other, initiate negotiations to review and, upon written agreement by both the Transfer Agent's account manager and each Fund's designated representative, amend Schedule 3.1 to alter any Service Level which either party, in good faith, believes is inappropriate at the time.
Adjustment of Service Levels. LPS shall use reasonable efforts throughout the Term to continuously improve the quality and efficiency of its performance of the Services taken as a whole. Additionally, as the relevant technology that LPS uses in its overall operations changes and improves, LPS will use all reasonable efforts to improve the Services in a similar fashion as appropriate. Either FNF or LPS may, upon notice to the other party, no more frequently than two (2) times in any calendar year, initiate negotiations to review and, upon agreement by FNF and LPS, adjust the Service Level(s) which such party in good faith believes is inappropriate, ineffective or irrelevant at that time or to reflect improved efficiencies and/or capabilities enabled by advances in technology, processes and methods implemented by LPS, including without limitation changes pursuant to the Technology Plan. During such reviews, LPS shall work with FNF to identify possible cost/service level tradeoffs (but any resulting changes in the Service Levels shall be implemented only if mutually agreed).
Adjustment of Service Levels. 10 5.3. Failure to Perform; Root-Cause Analysis...............................................11 5.4. Service Level Credits.................................................................11 5.5. Priority of Recovery of Services......................................................11 5.6. Service Level Measurement.............................................................12 5.7. Service Level Audit...................................................................12
Adjustment of Service Levels. (A) The Lead Executive Team (1) will review the Service Levels for the preceding 12 months during the last calendar quarter of every Contract Year and (2) with respect to those Service Levels that require periodic adjustment under Schedule 5 (Service Levels and Performance Credits) or the applicable New Service Schedule or Work Order or are no longer appropriate because of an increase, decrease or change to the Services, will adjust the Service Levels for the subsequent Contract Year in accordance with Schedule 5 (Service Levels and Performance Credits). In addition, either Party may, at any time upon notice to the other Party, initiate negotiations to review and, upon agreement by the Lead Executive Team, adjust a Service Level that such Party in good faith believes is inappropriate at the time.
(B) Dxxx xxx, from time to time, in accordance with Schedule 5 (Service Levels and Performance Credits), change the Service Levels to reflect its changing business needs, including adding or removing a Service Level. If Service Provider can demonstrate to Dana’s reasonable satisfaction that such new Service Level will materially increase Service Provider’s cost of performing the Services in accordance with the new Service Level, Dxxx xxx only add that new Service Level if:
(1) Service Provider agrees; or
(2) Service Provider does not agree, but:
(a) Dxxx removes an existing Service Level at the same time as introducing the new Service Level and the Parties agree that the aggregate cost of providing the Services in accordance with the new Service Level plus the cost of measuring and reporting on such new Service Level is not materially higher than the aggregate cost of providing the Services under the existing Service Level *** indicates where a confidential portion has been omitted and filed separately with the Commission plus the cost of measuring and reporting on the existing Service Level; or
(b) Dxxx agrees to pay Service Provider for its incremental cost of providing the Services under the new Service Level plus the cost of measuring and reporting on the new Service Level. Any disputes about such incremental cost will be subject to the dispute resolution provisions of Schedule 4 (Governance) and this Agreement.
