Critical Deliverables. If a Transition Plan submitted by the Successful Respondent is not acceptable to DIR, Successful Respondent shall address and resolve any questions or concerns DIR may have and promptly incorporate any modifications, additions, or deletions requested by DIR. The Successful Respondent shall revise and resubmit the Transition Plan until Accepted by DIR. Upon DIR's Acceptance, the Transition Plan shall automatically be incorporated into this Agreement by reference and shall supersede and replace all prior Transition Plans.
Critical Deliverables. The Work Order shall specify the dates for completion of the milestones and Deliverables (each a “Critical Deliverable”). If Supplier fails to achieve any Critical Deliverable by the completion date specified for such Critical Deliverable in the Work Order, LS&Co. shall not be required to pay any portion of the Charge associated with the Critical Deliverable unless and until Supplier’s completion of the Critical Deliverable is approved by LS&Co. If Supplier fails to complete any Critical Deliverable for which a Deliverable Credit is due by the date specified for such Critical Deliverable in the Work Order, then Supplier shall apply the Deliverable Credit against the Charges. In addition to any Deliverable Credit payable by Supplier in accordance with the Work Order if Supplier fails to meet the date specified for the Critical Deliverable, Supplier shall not be entitled to any further compensation beyond the agreed to Charge associated with the Critical Deliverable for the additional work associated with completing such Critical Deliverable after such date.
Critical Deliverables. Certain of IBM's obligations under the Agreement shall be one-time obligations to deliver Critical Deliverables. Critical Deliverables may include credits that shall be payable by IBM to EMW in the event IBM fails to deliver any such Critical Deliverables ("DELIVERABLE CREDITS") within the agreed upon time period. The Critical Deliverables as of the Effective Date are set forth on ATTACHMENT SLA-1. The Parties may by agreement add additional Critical Deliverables. Imposition of Deliverable Credits shall not be included in the calculation related to the At Risk Amount set forth in SECTION 1.5(c) of this Exhibit. The total amount of Deliverable Credits that IBM is obligated to pay or credit to EMW for any given month will be reflected on the invoice that contains Fees for the month during which such Deliverable Credits were incurred by IBM (e.g., the amount of Deliverable Credits for failure to deliver any Critical Deliverable(s) in August will be set forth in the invoice for August charges issued in September). Unlike Service Level Credits, Deliverable Credits shall be shown in each monthly invoice as an actual credit and will not be subject to any earnback pursuant to SECTION 1.6 or otherwise.
Critical Deliverables. ISI Member shall submit to Oracle each Critical Deliverable that the ISI Member is obligated to deliver under the Development Plan by the delivery date specified in the Development Plan for such Critical Deliverable. The Development Plan shall set forth a specified acceptance test ("Acceptance Test") for each Critical Deliverable. If any Critical Deliverable does not pass its respective Acceptance Test in any material respect, Oracle shall so notify ISI Member in writing within ten (10) business days after submission of such Critical Deliverable (or such other time period as agreed in the Development Plan), describing in detail the errors which need to be corrected. Within ten (10) business days after such notice, ISI Member shall deliver to Oracle a revised version of the Critical Deliverable. Oracle shall have ten (10) business days to accept or reject the revised Critical Deliverable in writing as set forth above.
Critical Deliverables. The Parties shall designate certain milestones, activities, actions and/or projects under this Agreement as being Critical Deliverables, including those in relation to a Project. In addition to any Service Levels which may be agreed between the Parties to apply to a failure to meet a Critical Deliverable, Provider's failure to meet any Critical Deliverable shall constitute a material breach of this Agreement and Service Recipient shall have the right, at its option and without limiting any other rights and remedies that may be available to Service Recipient to: impose a Service Credit; terminate this Agreement or the applicable, affected Services, Schedule or Appendix; and/or withhold payment of the applicable Retained Amounts until such time as Provider achieves the Critical Deliverable. Provider shall perform Projects upon request by Service Recipient. All Projects will be new initiatives over and above the Services and shall be recorded in a Schedule to this Agreement. Service Recipient may decide to perform Projects itself, award Projects to Provider, or award Projects to a Third Party service provider in its sole discretion. For purposes of clarity, the fact that any one or all of the Parties may refer to an aggregation of work as a project shall not cause such aggregation to be treated as a Project. Such an aggregation shall only be treated as a Project if written agreement is obtained from the service recipient. Service Provider shall charge for Projects only as provided for in clause 24.4. In the event that any Project is requested by Service Recipient, Provider shall quote to Service Recipient a reasonable fee for such Project and the Parties shall promptly meet to discuss such quote and to negotiate the scope of the Project in question. If the Parties do not reach agreement, Service Recipient may elect in its sole discretion to have Provider perform the Project, Provider shall perform the Project on a time and materials basis at the Services Rates. No additional expenses or costs of hardware or materials used by Provider as part of any Project shall be chargeable to Service Recipient in respect of any Project, save that any such costs shall only be payable in circumstances where approved in advance by Service Recipient. The Provider shall be required to ensure that it timeously addresses any Disaster Event in accordance with the Disaster Recovery Plan. Provider shall strictly adhere to and conform with the terms of the Disaster Recovery Plan in r...
Critical Deliverables. 1. Certain of Supplier’s obligations under the Agreement are one-time or periodic obligations to deliver Critical Deliverables. Critical Deliverables are core components of the Services without which Company may not properly receive the benefit of the Agreement. Critical Deliverables can be one-time events; recurring events or those which may result in an amount that compounds/increases. Attachment 3-A (Service Level Matrix) to this Exhibit sets forth the Deliverable Credits that shall be payable by Supplier to Company in the event Supplier fails to deliver any of the Critical Deliverables within the time period relative to the Effective Date or Commencement Date, as applicable, specified in Attachment 3-A (Service Level Matrix) to this Exhibit, and such condition is not cured within fourteen (14) calendar days after the expected Due Date specified in Attachment 3-C. In this regard:
1.1. Supplier acknowledges and agrees that Deliverable Credits shall not be deemed or construed to be liquidated damages or a sole and exclusive remedy or in derogation of any other rights and remedies Company has hereunder or under the Agreement;
1.2. Deliverable Credits related to Transition and Transformation are for Transition or Transformation Deliverables and shall be subject to Section 3.2(A)(7) and Section 5.4(B) of the Agreement;
1.3. Deliverable Credits related to Transition and Transformation shall not be included in the calculation related to the At-Risk Amount previously described in Section 5.0, Item 3; and
1.4. Critical Deliverables are not Service Levels.
2. Supplier further recognizes that there may be occasions during the Term when additional Critical Deliverables may be required to support new or different Services. In these instances, the Parties agree to allocate a pool of monies to be the Deliverable Credits associated with these Critical Deliverables.
3. The total amount of Deliverable Credits that Supplier will be obligated to pay to Company shall be reflected on the invoice that contains Charges for each month during which the Deliverable Credits occurred (For example, the amount of Deliverable Credits payable for failure to deliver any Critical Deliverable(s) in August shall be set forth in the invoice for August charges issued in September).
4. Unlike Service Level Credits, Deliverable Credits shall be shown in each monthly invoice as an actual credit to the Charges and will not be subject to Earnback.
Critical Deliverables. Supplier shall provide the Critical Deliverables to Health Net in accordance with Schedule R (Critical Deliverables).
Critical Deliverables. Service Level Attachment SLA-1 sets forth the credits that shall be payable by Supplier to PacifiCare in the event Supplier fails to deliver any of the Critical Deliverable by the time specified for the delivery of such Critical Deliverable in Service Level Attachment SLA-1 ("DELIVERABLE CREDITS"). [...***..
Critical Deliverables. As of the Supplement Effective Date, there are no Critical Deliverables applicable to this Supplement.
Critical Deliverables. Certain of Supplier’s obligations under the Statement of Work are one-time obligations to deliver Critical Deliverables. Attachment SLA-1 sets forth the credits that shall be payable by Supplier to Client in the event Supplier fails to deliver any of the Critical Deliverable (“Deliverable Credits”), within the time period relative to the Effective Date, specified in Attachment SLA-1. Imposition of Deliverable Credits for failure to meet the Critical Deliverables obligations shall not be included in the calculation related to the At Risk Amount. The total amount of Deliverable Credits that Supplier will be obligated to pay to Customer shall be reflected on the invoice that contains charges for each month during which the Deliverable Credits occurred.
