BREACH OF SERVICE LEVELS Sample Clauses

BREACH OF SERVICE LEVELS. StarTek shall meet or exceed the Key Performance Indicator Service Levels as provided in Performance Pricing Matrix in Exhibit B. Performance outside of the neutral zone of the specified Key Performance Indicators will result in increases/deductions to the overall price per minute as provided in Exhibit B. In the event that StarTek negatively performs any of the Key Performance Indicators, in performance subject to deductions in payment/pricing (not neutral or bonus-able performance) as specified in Performance Price Matrix in Exhibit B, for a consecutive period of [**], StarTek shall be in breach of this Agreement. StarTek shall prepare a plan to cure the breach and shall have [**] from the date of the first date of failure in which to cure the breach. In the event that StarTek fails to cure the breach within the [**] period from the date of the first date of failure, T-Mobile may terminate the Agreement for StarTek's breach. PRICING SCHEDULE. T-Mobile shall pay StarTek for Services as provided in the following schedule. [Interim Pricing. Interim prices apply until such time StarTek meets a mutually agreed upon percent of call handled to forecast for [**] from effective date of this agreement; however no later [**] Standard Rate: [**] Holiday Rate: [**] Overtime Rate: [**] Spanish Standard Rate:[**] Spanish Holiday Rate: [**] Overtime Rate: [**] [Premium Pricing. Premium Pricing shall apply after StarTek performs as stated in Section 25.1 for [**]; however no later than [**].
Sample 1
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BREACH OF SERVICE LEVELS. 1. In the event that StarTek perform-is any of the Service Level Objectives at Level 3 or greater, as specified in Section U, for a consecutive period of *, StarTek shall be in breach of this Agreement and VSTR may terminate this Agreement if StarTek fails to cure the breach after * days notice to cure. 2. In the event that StarTek performs any of the Service Level Objectives at Level 1 or 2, as specified in Section U, Chart 1 for a consecutive * period or longer, StarTek shall be in breach of this Agreement. StarTek shall prepare a plan to cure the breach and shall have * from the date of the first date of failure in which to cure the breach. In the event that StarTek fails to cure the breach within the *period, VSTR may terminate the Agreement for StarTek's breach. Chart 1 Service Level Objectives [* * *] [* * *] 1. VSTR shall receive a Service Credit (as set forth in the Service Credits table above} for each * in which the levels of StarTek's performance fail to meet the Service Level Objectives (as set forth in the Service Credit Level Objectives table above). (a) The Service Credit for each * shall be calculated by adding the * for each Service that fails to meet the applicable Service Credit Level Objective (the "Total Percentage"). The total * payments calculated based on AHT pursuant to the Pricing Schedule set forth in Section V below ("AHT Revenue"), multiplied by the Total Percentage, shall equal the Service Credit for the *. In determining whether StarTek has met a particular Service Credit Level Objective, * during which actual call volume or minutes is more than *greater than call volume or minute volume in the Final Forecast shall not be considered and StarTek shall not be entitled to any service credit. Any interval where service level, was not achieved will be subtracted from AHT revenue. (c) The total adjustment based, on- the. above shall. not exceed * of AHT Revenue per month, and shall be deemed waived by VSTR as it applies to Speed of Answer for each * in which call volume levels exceed by more than * the call volume levels of the previous *. 2. StarTek shall receive a * service premium of * of AHT Revenue if all service level objectives are achieved and the data accuracy score is * and the voice quality score is * or better for- the invoiced *. This premium will be calculated and determined as a direct reflection of * end reports and will not be scrutinized by any incremental system latencies, process changes, etc.
Sample 1
BREACH OF SERVICE LEVELS. 1. In the event that StarTek performs any of the Service Level Objectives at Level 3 or greater, as specified in Section U, for a consecutive period of *, StarTek shall be in breach of this Agreement and VSTR may terminate this Agreement if StarTek fails to cure the breach after * days notice to cure. 2. In the event that StarTek performs any of the Service Level Objectives at Level 1 or 2, as specified in Section U, for a consecutive * period or longer, StarTek shall be in breach of this Agreement. StarTek shall prepare a plan to cure the breach and shall have * in which to cure the breach. In the event that StarTek fails to cure the breach within the * period, VSTR may terminate the Agreement for StarTek's breach.
Sample 1

Related to BREACH OF SERVICE LEVELS

  • Performance of Service; Limitation of Liability A. PFS shall exercise reasonable care in the performance of its duties under this Agreement. PFS shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with matters to which this Agreement relates, including losses resulting from mechanical breakdowns or the failure of communication or power supplies beyond PFS's control, except a loss arising out of or relating to PFS's refusal or failure to comply with the terms of this Agreement or from bad faith, negligence, or willful misconduct on its part in the performance of its duties under this Agreement. Notwithstanding any other provision of this Agreement, if PFS has exercised reasonable care in the performance of its duties under this Agreement, the Trust shall indemnify and hold harmless PFS from and against any and all claims, demands, losses, expenses, and liabilities (whether with or without basis in fact or law) of any and every nature (including reasonable attorneys' fees) which PFS may sustain or incur or which may be asserted against PFS by any person arising out of any action taken or omitted to be taken by it in performing the services hereunder, except for any and all claims, demands, losses, expenses, and liabilities arising out of or relating to PFS's refusal or failure to comply with the terms of this Agreement or from bad faith, negligence or from willful misconduct on its part in performance of its duties under this Agreement, (i) in accordance with the foregoing standards, or (ii) in reliance upon any written or oral instruction provided to PFS by any duly authorized officer of the Trust, such duly authorized officer to be included in a list of authorized officers furnished to PFS and as amended from time to time in writing by resolution of the Board of Trustees of the Trust. PFS shall indemnify and hold the Trust harmless from and against any and all claims, demands, losses, expenses, and liabilities (whether with or without basis in fact or law) of any and every nature (including reasonable attorneys' fees) which the Trust may sustain or incur or which may be asserted against the Trust by any person arising out of any action taken or omitted to be taken by PFS as a result of PFS's refusal or failure to comply with the terms of this Agreement, its bad faith, negligence, or willful misconduct. In the event of a mechanical breakdown or failure of communication or power supplies beyond its control, PFS shall take all reasonable steps to minimize service interruptions for any period that such interruption continues beyond PFS's control. PFS will make every reasonable effort to restore any lost or damaged data and correct any errors resulting from such a breakdown at the expense of PFS. PFS agrees that it shall, at all times, have reasonable contingency plans with appropriate parties, making reasonable provision for emergency use of electrical data processing equipment to the extent appropriate equipment is available. Representatives of the Trust shall be entitled to inspect PFS's premises and operating capabilities at any time during regular business hours of PFS, upon reasonable notice to PFS. B. In order that the indemnification provisions contained in this section shall apply, it is understood that if in any case the indemnitor may be asked to indemnify or hold the indemnitee harmless, the indemnitor shall be fully and promptly advised of all pertinent facts concerning the situation in question, and it is further understood that the indemnitee will use all reasonable care to notify the indemnitor promptly concerning any situation which presents or appears likely to present the probability of a claim for indemnification. The indemnitor shall have the option to defend the indemnitee against any claim which may be the subject of this indemnification. In the event that the indemnitor so elects, it will so notify the indemnitee and thereupon the indemnitor shall take over complete defense of the claim, and the indemnitee shall in such situation initiate no further legal or other expenses for which it shall seek indemnification under this section. The indemnitee shall in no case confess any claim or make any compromise in any case in which the indemnitor will be asked to indemnify the indemnitee except with the indemnitor's prior written consent. C. PFS is hereby expressly put on notice of the limitation of shareholder, Trustee, officer, employee or agent liability as set forth in the Declaration of Trust of the Trust and agrees that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more Funds, the obligations hereunder shall be limited to the respective assets of such Fund. PFS further agrees that it shall not seek satisfaction of any such obligation from any shareholder of a Fund, nor from any Trustee, officer, employee or agent of the Trust.

  • Service Levels All service level requirements will be set forth in Exhibit A (“XXXX.xxx Referral Service Level Requirements”). Recipient Xxxxxx agrees to adhere, and encourage Recipient Agent’s adherence, with the version of the XXXX.xxx Referral Service Level Requirements in effect at the time XXXX.xxx identifies the Referral to Recipient Broker/Agent.

  • Service Level In the event that League InfoSight discovers or is notified by you of the existence of Non-Scheduled Downtime, we will use commercially reasonable efforts to determine the source of the problem and attempt to resolve it as quickly as possible.

  • Extent of Services Executive will devote all of his working time, attention and skill to the duties and responsibilities set forth in Section 3. To the extent that such activities do not interfere with his duties under Section 3, Executive may participate in other businesses as a passive investor, but (a) Executive may not actively participate in the operation or management of those businesses, and (b) Executive may not, without the Company’s prior written consent, make or maintain any investment in a business with which the Company or its subsidiaries has an existing competitive or commercial relationship.

  • Warranty of Ability to Perform The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract.

  • BREACH OF CONTRACT TERMS The State reserves its right to all administrative, contractual, or legal remedies, including but not limited to suspension or termination of this contract, in instances where the Contractor or any of its subcontractors violate or breach any contract term. If the Contractor or any of its subcontractors violate or breach any contract term, they shall be subject to such sanctions and penalties as may be appropriate. The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

  • Performance of Services The Contractor is responsible for fully meeting all obligations set forth in the Contract and for providing Product in accordance with the Contract or any Authorized User Agreement.

  • Extent of Service Executive agrees to use Executive’s best efforts to carry out Executive’s duties and responsibilities under Section 1.1 hereof and, consistent with the other provisions of this Agreement, to devote substantially all of Executive’s business time, attention and energy thereto. The foregoing shall not be construed as preventing Executive from making investments in other businesses or enterprises, provided that Executive agrees not to become engaged in any other business activity which, in the reasonable judgment of the Board, is likely to interfere with Executive’s ability to discharge Executive’s duties and responsibilities to the Company.

  • Performance of Service 2.1 Appendix A (General Provisions), Articles 1 through 16, governs the performance of services under this contract. 2.2 Appendix B sets forth the liability and insurance provisions of this contract. 2.3 Appendix C sets forth the services to be performed by the contractor.

  • Service Level Expectations Without limiting any other requirements of the Agreement, the Service Provider shall meet or exceed the following standards, policies, and guidelines:

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