Baselining Process Sample Clauses

Baselining Process. (a) In the event that IBM does not agree with the Initial Service Level specified by Solectron for the new Operational Service Level, then not later than thirty (30) days after such meeting, IBM shall submit to Solectron (i) industry-standard benchmarks for such Operational Service Level, to the extent available to IBM, or (ii) performance measurements for such Operational Service Level based on IBM’s experience, to the extent available, or (iii) a baselining plan for generating statistically valid samples of performance measurements for such new service level (each, a “Baselining Plan”). Baselining Plans shall be subject to Solectron’s approval. (b) Upon approval of a Baselining Plan, IBM shall collect the measurements for the new Operational Service Level for a period not to exceed six (6) months, or such other period as is agreed to by the Parties, (the “Baselining Period”). During the Baselining Period, IBM will use reasonable efforts to meet or perform superior to the Initial Service Level but will be excused from any Service Level Credits for failure to perform the Service at the Initial Service Level. (c) After the Baselining Period, if IBM has satisfied the Initial Service Level specified by Solectron in any 3 consecutive months during the Baselining Period, the actual measurement(s) shall be averaged to determine such Initial Service Level. If for any five (5) months during the Baselining Period IBM did not meet or perform superior to the Initial Service Level, IBM shall propose to Solectron a modification to the Initial Service Level based on one of the following: (i) IBM’s Actual Performance during the Baselining Period unless the Parties agree that a longer period is required to statistically represent the Solectron environment, (ii) the industry benchmark provided by IBM pursuant to Section 5.2, or (iii) the performance level based on IBM’s experience provided by IBM pursuant to Section 5.2. (d) If the Parties are unable to agree on a Baselining Plan within forty (40) days after the meeting denoted in Section 5.2(a), above, or if the Parties are unable to agree upon an Operational Service Level within thirty (30) days after the Baselining Period, the Parties shall take such matter to the dispute resolution process described in the Agreement.
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Related to Baselining Process

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