Customer Service and Reporting. The Trust also shall be entitled to a Service Credit equal to 5% of the quarterly Demand Charge Incentive for each documented incident of the Recipient’s failure to provide customer service in accordance with the service and performance levels required by this Agreement or fails to provide complete and timely reporting as required by the Agreement. Recipient shall have 5 days to remedy any issues related to timely reporting before a Service Credit penalty is incurred. Except to the extent caused by Recipient’s breach of this Agreement or the negligence or misconduct of Recipient or its agents, Service Credits will not be assessed and shall not be due where the failure to satisfy a required service level results from unavailability of electrical service to Chargers; unavailability of any wireless or cellular communications network or Internet service provider network necessary for the continued operation by Recipient of its services; unavailability of or interruption of the Recipient’s network attributable to unauthorized intrusions; or force majeure or unforeseeable circumstances beyond Recipient’s reasonable control that prevent Recipient from performing its obligations under this Agreement. The Service Credits shall not be considered liquidated damages or the Trust's sole and exclusive remedy for Recipient's failure to meet required service levels or performance standards. The Trust shall be entitled to any other rights or remedies set forth in the Agreement.
Appears in 4 contracts
Samples: Ev Charging Incentive Agreement, Incentive Agreement, Maine Electric Vehicle Charging Incentive Agreement
Customer Service and Reporting. The Trust also shall be entitled to a Service Credit equal to 5% of the quarterly Demand Charge Incentive Maximum Quarterly Service Credit for each documented incident of the Recipient’s failure to provide customer service in accordance with the service and performance levels required by this Agreement or fails to provide complete and timely reporting as required by the Agreement. Recipient shall have 5 days to remedy any issues related to timely reporting before a Service Credit penalty is incurred. Except to the extent caused by Recipient’s breach of this Agreement or the negligence or misconduct of Recipient or its agents, Service Credits will not be assessed and shall not be due where the failure to satisfy a required service level results from unavailability of electrical service to EV Chargers; unavailability of any wireless or cellular communications network or Internet service provider network necessary for the continued operation by Recipient of its services; unavailability of or interruption of the Recipient’s network attributable to unauthorized intrusions; or force majeure or unforeseeable circumstances beyond Recipient’s reasonable control that prevent Recipient from performing its obligations under this Agreement. The Service Credits shall not be considered liquidated damages or the Trust's sole and exclusive remedy for Recipient's failure to meet required service levels or performance standards. The Trust shall be entitled to any other rights or remedies set forth in the Agreement.
Appears in 2 contracts
Samples: Incentive Agreement, Incentive Agreement
