Availability Service Level Credit Sample Clauses

Availability Service Level Credit. In the event that FIS fails to meet the Payment Manager Availability Service Level for a period of two (2) consecutive months, Client shall be entitled to receive a credit in accordance with the following schedule as liquidated damages and not as a penalty, with the credit being calculated on the basis of the monthly service charge for the affected Services for the second consecutive month in which FIS failed to reach the required Service Level. 2.2. Customer Care Center (Tier One) Service Level. If applicable, FIS shall answer eighty-five percent (85%) of inbound calls received each month within thirty (30) seconds, measured monthly within the shared environment. The monthly average abandoned call rate shall not exceed five percent (5%) of all incoming calls (does not include calls answered by an automated response unit) within the shared environment. The abandon rate refers to how many callers hang up before speaking with an agent. The standard hours of operation for the FIS customer care center shall be twenty four (24) hours a day, seven (7) days a week excluding the following holidays: New Years Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. On these holidays, the FIS customer care center will close at 11:00 p.m. CT the night before the holiday and will reopen at 11:00 p.m. CT the day of the holiday. 2.3.
Sample 1
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Availability Service Level Credit. In the event that FIS fails to meet the service level for On-Line Availability or Processing services addressed in the Performance Standards for a period of two (2) consecutive months, Client shall be entitled to receive a service credit in accordance with the following schedule, with the credit being calculated based on the monthly fees as regularly billed to Customer for the second consecutive month in which FIS failed to reach the required Service Level. Any such credit(s) shall be reflected on the next regular invoice submitted to Customer. Online Availability Service Level Credit >99.5% ***** % >98.5% and <99.5% ***** % >97.5% and <98.5% ***** % <97.5% ***** % Processing Service Level Credit >98.5% ***** % >97.5% and <98.5% ***** % >96.5% and <97.5% ***** % <96.5% ***** % Exclusions from Performance Threshold Measure. Measurement of FIS’s actual performance under any performance standard will exclude extended business hours provided by FIS and pre-scheduled downtime, including, but not limited to, scheduled preventive maintenance, servicing of hardware, hardware upgrades, and software upgrades. Scheduled preventive maintenance will be at times designed to minimize or avoid EID: 2685 PLID: 248707 disruption of Client’s operations. Measurement of FIS’s actual performance under any performance standard will also exclude: (a) any matter beyond FIS’s reasonable control at the Rockland Trust HORIZON Data Center, including, but not limited to matters constituting force majeure; (b) failure by Customer’s or its third-party providers’ to perform under the Agreement; (c) special production jobs, testing procedures, or other services which are given priority Customer’s request; (d) failure of the data communications carrier lines between Customer and FIS; (e) unavailability of Customer’s systems because of problems with Customer’s local or wide area network or otherwise, including failure to have appropriate network redundant connectivity which adversely impacts FIS’s ability to fulfill a performance standard; (f) system, software or network unavailability due to maintenance, installation, upgrade or replacement of equipment or software performed by FIS or by a third party to the extent such unavailability occurred during a scheduled maintenance window or other times as agreed upon in advance by Customer; (g) temporary exclusions for performance standards requested by FIS and approved by Customer to implement a material change in applications, environments, conv...
Sample 1
Availability Service Level Credit. In the event that FIS fails to meet the Payment Manager Availability Service Level for a period of two (2) consecutive months, Client shall be entitled to receive a credit in accordance with the following schedule as liquidated damages and not as a penalty, with the credit being calculated on the basis of the monthly service charge for the affected Services for the second consecutive month in which FIS failed to reach the required Service Level. Service Level Credit >99.5% ***** % >99.25% and <99.5% ***** % >99.0% and <99.25% ***** % <99.0% ***** %
Sample 1

Related to Availability Service Level Credit

  • Service Level Credits If vendor fails to provide the Services in accordance with the applicable Service Levels for any reason, except for Force Majeure Events (as defined in the Agreement), vendor will incur Service level Credits identified in and according to the schedule set forth in Attachment E-1 and/or Attachment E-2, provided that Vendor may earn back such Service level credits as provided under the provisions of Attachment E-1 and/or Attachment E-1, as the case may be. The Service Level credits will not limit Prudential's right to recover, in accordance with the terms of this Engagement Schedule, any other damages to which it may be entitled with respect to such failure to provide the Services in accordance with the Service Levels.

  • Service Level Service Provider will classify incidents at its own discretion. Such classifications shall be consistent with the priorities Service Provider set for itself as a recipient of services. Incidents classified using this methodology will be triaged as documented in Attachment A.

  • Product Availability The Insurance Companies have qualified the Products for offer and sale under the applicable insurance laws of various states and other jurisdictions. Producers and Registered Representatives shall solicit applications for the Products only in states and jurisdictions where such Products have been so qualified. Producers shall, upon request, be provided with a list of those states and jurisdictions in which the Products have been qualified for sale. The Insurance Companies shall file and make all statements or reports as are or may be required by the laws of such state or jurisdiction to maintain these qualifications in effect.

  • Service Credit Following the Effective Time, solely to the extent that Continuing Employees (as defined below) are covered under Parent Benefit Plans (as defined below), Parent will use all reasonable efforts to give each Continuing Employee credit for prior service with the Company or its Subsidiaries for purposes of (i) eligibility and vesting under any applicable Parent benefit plan or written policy or arrangement (“Parent Benefit Plan”) in which such Continuing Employee becomes eligible to participate at or following the Effective Time and (ii) determination of benefits levels under any vacation or severance Parent Benefit Plan in which such Continuing Employee becomes eligible to participate at or following the Effective Time; provided that in each case under clauses (i) and (ii) above, if the Company or any of its Subsidiaries maintains a comparable Company Employee Plan, service shall be credited solely to the extent that such service was or would have been credited for such purposes under such comparable plans and no such crediting will be required to the extent it results in the duplication of benefits, or under any bonus or other incentive compensation, or sabbatical or similar plan, program, agreement or arrangement. Solely to the extent that Continuing Employees are covered under Parent Benefit Plans, Parent shall give credit under those of its applicable Parent Benefit Plans that are welfare benefit plans and in which Continuing Employees become eligible to participate at or following the Effective Time, for all co-payments made, amounts credited toward deductibles and out-of-pocket maximums, and time accrued against applicable waiting periods, by Continuing Employees (including their eligible dependents), in respect of the plan year in which the Effective Time occurs, and Parent shall waive all requirements for evidence of insurability and pre-existing conditions otherwise applicable to the Continuing Employees under the Parent Benefit Plans in which the Continuing Employees become eligible to participate at or following the Effective Time, but if the Company or any of its Subsidiaries maintains a comparable Company Employee Plan, solely to the extent such requirements and conditions were not applicable to the particular Continuing Employee under a comparable Company Employee Plan. For purposes of this Agreement, “Continuing Employees” shall mean those employees of Parent and employees of the Surviving Corporation as of the Effective Time who shall have been employees of the Company immediately prior to the Effective Time.

  • Age and Service Credit Executive shall also be entitled to receive age credit and credit for period of service towards all SERP plans for the remaining period of time covered by this Agreement. If Executive is hired by Employer, its assigns, any company in control of Employer, or any company controlled by Employer during the period covered by this Agreement, then Executive will be entitled to be treated for all purposes relating to future compensation, and benefits, as if this Agreement had never been terminated and as if Executive had performed his responsibilities as an Executive throughout the period originally covered by this Agreement.

  • Service Levels (1) DTI shall perform the Services in accordance with the service levels (the "Service Levels") as may be agreed to from time to time in writing by DTI and the Funds (the "Service Level Agreement"). Failure to perform in a manner which equals or exceeds the Service Levels shall result in fee credits ("Fee Credits") or the Funds' right to terminate this Agreement, as set forth in the Service Level Agreement.

  • Service Credits Only during the period in which the Bank is providing Transition Assistance:

  • Service Level Agreement Subject to the terms and conditions of this Agreement, Bank agrees to perform the custody services provided for under this Agreement in a manner that meets or exceeds any service levels as may be agreed upon by the parties from time to time in a written document that is executed by both parties on or after the date of this Agreement, unless that written document specifically states that it is not contractually binding. For the avoidance of doubt, Bank’s Service Directory shall not be deemed to be such a written document.

  • Availability Reserves All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

  • Past Service Credit Executive shall be given full credit for Executive's prior years of service with Company for all purposes under the plans, programs, policies, agreements and practices covering Executive pursuant to this Section.

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