We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Breach of SLA Sample Clauses

Breach of SLA. 7.1 Any breach of this SLA shall be deemed to be a breach of the Prime Services Agreement and any breach of the Prime Services Agreement shall be deemed to be breach of this SLA and accordingly any termination of this SLA shall be deemed to be termination of this Prime Services Agreement.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Breach of SLA. In case the Supplier does not meet the service levels mentioned in Section B.4 of this Appendix & Section-6, Chapter-2 of MTS document, for three (3) continuous time-periods as specified in the relevant clause, the Purchaser will treat it as a case of breach of Service Level Agreement. The following steps will be taken in such a case:- 1. Purchaser issues a show cause notice to the Supplier. 2. Supplier should reply to the notice within three working days. 3. If the Purchaser authorities are not satisfied with the reply, the Purchaser will initiate termination process as described in clause 33 of Section VII, GCC.
Sample 1
Breach of SLA. In case the contractor does not meet the service levels mentioned above, for maximum one week, the Xxxxx will treat it as a case of breach of Service Level Agreement. The following steps will be taken in such case:- a. TheMCG/HUDA will issue a Show cause notice to the contractor. b. The contractor should reply to the notice with three working days. c. If the concerned department is not satisfied with the reply, then they will initiate termination of the contract proceedings as per the tender document.
Sample 1
Breach of SLA. In case the Supplier does not meet the service levels mentioned in document, for three
Sample 1
Breach of SLA. In case the bidder does not meet the service levels mentioned above, for maximum one week, MSME-TC, Kolkata will treat it as a case of breach of Service Level Agreement.
Sample 1
Breach of SLA. 6.1 Any breach of this SLA shall be deemed to be a breach of the Prime Services Agreement and any breach of the Prime Services Agreement shall be deemed to be breach of this SLA and accordingly any termination of this SLA shall be deemed to be termination of this Prime Services Agreement. 6.2 Without prejudice to Clause 6.1 above, in the event of the Service Provider being in breach of this SLA including failure to meet any of its obligation under this SLA for a continuous period of 14 days affecting adversely the operations of ESIC and fails to remedy the same and the effects thereof within 21 days of the date of issue of notice in this behalf from ESIC (the “Notice”), the same shall constitute a breach of this SLA and shall entitle ESIC to take, without prejudice to the rights and remedies which ESIC may have under the Prime Services Agreement or otherwise, the following actions: (a) Require the Service Provider to reply to the Notice by return email within 24 hours of the issue thereof but in no event later than 7 days of the date of issue thereof by ESIC to the Service Provider, setting out in detail the reasons therefor, and (b) If (i) the Service Provider fails to reply to the above referred Notice within the period setforth in sub-clause (a) above, or (ii) the ESIC is not satisfied with the reply of the Service Provider to the Notice, then ESIC may in its sole and absolute discretion terminate the Prime Services Agreement and all SLA’s (including this SLA) and to have the breach remedied/rectified at the risk and cost of the Service Provider. 6.3 The delay or default by the Service Provider in meeting its obligations under this SLA if solely due to (i) Delay of ESIC in execution and/or approval, if any required, from ESIC, and/or (ii) Occurrence of a Force Majeure Event, shall not be deemed to be a breach of this SLA by the Service Provider provided the Service Provider had advised ESIC in writing, immediately upon occurrence of any such delay by ESIC and/or occurrence of a Force Majeure Event and before the issue of notice pursuant to clause 6.2 above, the consequences of any such delay on the part of ESIC and/or occurrence of a Force Majeure Event. 6.4 The ESIC’s right of termination set forth in this SLA is in addition to and not in derogation of the right of termination which ESIC may have under the Prime Services Agreement.
Sample 1
Breach of SLA. In case the SI does not meet the service levels mentioned in this RFP, i.e. the service level where no penalty is imposed, for two (2) successive quarters, MCI will treat it as a case of breach of Service Level Agreement and MCI will have the right to terminate the MSA.
Sample 1
AutoNDA by SimpleDocs

Related to Breach of SLA

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • Breach of Covenant The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

  • Breach of Contract The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: a) Terminate the Contract immediately, pursuant to Section K herein; b) Afford the Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c) Discontinue payment to the Contactor for and during the period in which the Contractor is in breach; and d) Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above.

  • Breach of Specific Covenants Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.1, 6.1.2, 6.2.5, 6.2.6, 8.1, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

  • Breach of Covenants If the Company breaches any of the covenants set forth in this Section 4, and in addition to any other remedies available to the Buyer pursuant to this Agreement, it will be considered an event of default under Section 3.4 of the Note.

  • Breach of Confidentiality Contractor acknowledges that there can be no adequate remedy at law for any breach of Contractor’s obligations hereunder, that any such breach will likely result in irreparable harm, and therefore, that upon any breach or threatened breach of the confidentiality obligations, the JBE shall be entitled to appropriate equitable relief, without the requirement of posting a bond, in addition to its other remedies at law.

  • REMEDY FOR BREACH OF WARRANTY 3.1. Subject to the exclusions and limitations set out above, if the Product fails to comply with the Limited Warranty in clauses 1.2 or 1.3, BYD will repair or replace the non-conforming Product or parts thereof within the warranty term at no charge (or provide a partial refund) on the following conditions. 3.2. Whether to repair or replace the Product will be determined by BYD in its sole discretion. 3.3. The Product or any of its parts to be replaced will have the same performance and reliability as the original Product. If the Production of the relevant type of the Product or any of its parts has been discontinued, withdrawn from the market, or are otherwise unavailable, BYD may replace the Product or parts with a similar Product or part (which may include previously used parts that are equivalent to new in performance and reliability). 3.4. If BYD does not repair or replace the defective Product or parts, BYD will refund You an amount of money calculated as follows: a) If the Product fails to comply with the Limited Performance Warranty in clause 1.3, BYD may calculate the refund using one of the two refund formulas below: i) Refund = maximum claim amount* x (warranted Minimum Throughput Energy - output energy of the Product recorded in the control module of the Product)/ warranted Minimum Throughput Energy; or ii) Refund = maximum claim amount* x (warranted remaining Useable Energy - remaining Useable Energy)/ warranted Usable Energy; and b) If the Product cannot be operated, BYD will calculate the refund as follows: Refund = (maximum claim amount*/120) x (120 - number of months since Warranty Start Date). *The maximum claim amount is the market value of the Product (or an equivalent Product) determined by BYD if it were purchased new with no defects. 3.5. The remedies as set out above are the sole and exclusive obligations of BYD to You under this Limited Warranty, and BYD will have no other liability to You if the Product fails to comply with the Limited Warranty.

  • Breach of Warranties In the event of any breach, or reasonably anticipated breach, of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Exodus will have the right immediately, in Exodus' sole discretion, to suspend any related Internet Data Center Services if deemed reasonably necessary by Exodus to prevent any harm to Exodus and its business.

  • Breach of Obligations The Parties acknowledge that a breach of any of the obligations contained herein would result in injuries. The Parties further acknowledge that the amount of the liquidated damages or the method of calculating the liquidated damages specified in this Agreement is a genuine and reasonable pre-estimate of the damages that may be suffered by the non-defaulting party in each case specified under this Agreement.

Most Referenced Clauses

Most Referenced Definitions

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!