Common use of Causes and Effects of Contractor Service Malfunctions Clause in Contracts

Causes and Effects of Contractor Service Malfunctions. i. The State recognizes that Equipment Failures do occur, and that Software is not infallible. Moreover, the State concedes that conditions external to Equipment may cause it to fail, particularly environmental conditions, that are outside the Equipment design operating parameters. The State agrees, therefore, that unsatisfactory Contractor Service performance which is outside the control of Contractor or Contractor Personnel will not be considered in a determination of the level of performance. ii. In the event Contractor’s Service failure or unsatisfactory performance is a result of factors external to CALNET II, Contractor agrees to make appropriate recommendations to the State in order that such external factors may be corrected to preclude future problems of a similar nature. Within five (5) business days after such failure occurs, Contractor shall meet and confer with the State regarding appropriate next steps, which may include preparation, for the State’s review, comment and approval, of a milestone- based action plan making such recommendations and corrections described in the preceding sentence. iii. In the event that the precise cause of a failure cannot be readily determined, both the State and Contractor shall continue to research the situation until the probable cause has been identified or until agreement is reached that the probable cause cannot be identified. Within five (5) business days after such failure occurs (or such other timeframe specified in the RFP), Contractor shall meet and confer with the State regarding appropriate next steps, which may include preparation, for the State’s review, comment and approval, of a milestone-based action plan for researching the probable cause of the failure.

Causes and Effects of Contractor Service Malfunctions. i. The State recognizes that Equipment Failures failures do occur, and that Software is not infallible. Moreover, the State concedes that conditions external to Equipment may cause it to fail, particularly environmental conditions, that are outside the Equipment design operating parameters. The State agrees, therefore, that unsatisfactory Contractor Service performance which is outside the control of Contractor or Contractor Personnel will not be considered in a determination of the level of performance. ii. In the event Contractor’s Service failure or unsatisfactory performance is a result of factors external to CALNET IIthe Contract, Contractor agrees to make appropriate recommendations to the State in order that such external factors may be corrected to preclude future problems of a similar nature. Within five (5) business days after such failure occurs, Contractor shall meet and confer with the State regarding appropriate next steps, which may include preparation, for the State’s review, comment and approval, of a milestone- milestone-based action plan making such recommendations and corrections described in the preceding sentence. iii. In the event that the precise cause of a failure cannot be readily determined, both the State and Contractor shall continue to research the situation until the probable cause has been identified or until agreement is reached that the probable cause cannot be identified. Within five (5) business days after such failure occurs (or such other timeframe specified in the RFPsolicitation), Contractor shall meet and confer with the State regarding appropriate next steps, which may include preparation, for the State’s review, comment and approval, of a milestone-based action plan for researching the probable cause of the failure.