Common use of Customer Service Levels Clause in Contracts

Customer Service Levels. 3.11.1 The Licensee agrees to use commercially reasonable efforts to: (a) ensure that its level of customer service and complaint handling reflect the Brand Values and a high standard of customer care, including but not limited to complying with the Customer Service Levels set forth in Exhibit D, or such other service levels as may be agreed by the Parties in writing from time to time; and (b) conduct the Licensed Activities in accordance with honest and ethical business practices at all times whether dealing with employees, the public, the business community, shareholders, customers, suppliers, competitors, governmental and regulatory bodies or otherwise, consistent with the Licensee’s Code of Conduct attached as Exhibit C, as Licensee may reasonably amend from time to time. 3.11.2 The Licensee agrees to provide customer satisfaction and complaints reports to VEL or a party nominated by VEL in the form of the Benchmarking Template, as such may be amended from time to time by the mutual agreement of the Parties, and at the times referred to in Exhibit D. 3.11.3 In the event that VEL believes in its reasonable discretion that Licensee is not in compliance with the Customer Service Levels set out in Exhibit D, VEL shall so notify Licensee in writing. Licensee shall provide to VEL an explanation in writing of the reasons for such failure to comply with such Customer Service Levels within twenty (20) Business Days of such notification by VEL and shall use commercially reasonable efforts to remedy such failures as soon as reasonably practicable. 3.11.4 In the event that VEL believes in its reasonable discretion that Licensee has not been able to demonstrate to VEL that it has taken reasonable steps necessary to remedy the failures identified by VEL pursuant to Clause 3.11.3 within ninety (90) days of VEL’s notification provided pursuant to Clause 3.11.3, VEL shall so notify Licensee in writing. Licensee shall provide to VEL an action plan detailing how it plans to remedy such failures within twenty (20) Business Days of such notification by VEL. VEL shall consider such action plan and within twenty (20) Business Days shall (acting reasonably) indicate in writing to Licensee whether it agrees with such proposed action plan or whether it would like to see any modifications made to such action plan. Once an action plan has been agreed by the Parties following discussion in good faith, the Licensee shall use its commercially reasonable efforts to implement such action plan as soon as reasonably practicable. 3.11.5 If, after an action plan is implemented pursuant to Clause 3.11.4, VEL believes in its reasonable discretion that Licensee has not been able to demonstrate to VEL that it has taken sufficient steps to remedy any failures to meet the Customer Service Levels within ninety (90) days of an action plan being agreed by the Parties pursuant to Clause 3.11.4, VEL shall so notify Licensee in writing that the matter shall be escalated to the members of the senior management teams of VEL and Licensee for resolution. The members of the senior management teams of VEL and Licensee shall use their reasonable endeavors to meet within ten (10) Business Days of VEL’s notification provided pursuant to this Clause 3.11.5. 3.11.6 If the senior management teams of VEL and Licensee are unable to resolve a matter referred to them pursuant to Clause 3.11.5 within twenty (20) Business Days of the date on which the senior management team meet (pursuant to Clause 3.11.5), VEL shall have the right to serve a notice of termination on Licensee in accordance with Clause 9.2(b)(iii).

Customer Service Levels. 3.11.1 The Licensee agrees to use commercially reasonable efforts to: (a) ensure that its level of customer service and complaint handling reflect the Brand Values and a high standard of customer care, including but not limited to complying with the Customer Service Levels set forth in Exhibit D, or such other service levels as may be agreed by the Parties in writing from time to timeValues; and (b) conduct the Licensed Activities in accordance with honest and ethical business practices at all times whether dealing with employees, the public, the business community, shareholders, customers, suppliers, competitors, governmental and regulatory bodies or otherwise, consistent with the Licensee’s Code of Conduct attached as Exhibit C, as Licensee may reasonably amend from time to timebodies. 3.11.2 The From and after the Effective Date, the Licensee agrees to provide customer satisfaction and complaints reports to VEL VEL, or a any party nominated by VEL, the customer satisfaction reports, complaints reports and other industry standard key operating metrics and data that have been (and are presently) provided to VEL by the Licensee prior to (or as of) the date of this Agreement. 3.11.3 At VEL’s request, the Licensee shall meet with VEL at least twice in each calendar year at the form Licensee’s offices at VEL’s expense in order to review the exercise of the Benchmarking Template, as such may be amended from time to time Licensee’s rights granted by the mutual agreement of the Parties, and at the times referred to in Exhibit D.this Agreement. 3.11.3 3.11.4 In the event that VEL believes in its reasonable discretion that Licensee is not in compliance with the Customer Service Levels set out in Exhibit DClause 3.11.1 or 3.11.2, VEL shall so notify the Licensee in writing. . 3.11.5 Licensee shall provide to VEL an explanation in writing of the reasons for such failure to comply with such Customer Service Levels action plan within twenty (20) Business Days of such notification by VEL and shall use commercially reasonable efforts to remedy such failures as soon as reasonably practicable. 3.11.4 In the event that VEL believes in its reasonable discretion that Licensee has not been able to demonstrate to VEL that it has taken reasonable steps necessary to remedy the failures identified by VEL pursuant to Clause 3.11.3 within ninety (90) days of VEL’s notification provided pursuant to Clause 3.11.3, VEL shall so notify Licensee in writing. Licensee shall provide to VEL an action plan 3.11.4 detailing how it plans to remedy such failures within twenty (20) Business Days of such notification by VEL. VEL shall consider such action plan and within twenty (20) Business Days shall (acting reasonably) indicate in writing to the Licensee whether it agrees with such proposed action plan or whether it would like to see any modifications made to such action plan. Once an action plan has been agreed by the Parties following discussion in good faith, the Licensee shall use its commercially reasonable efforts to implement such action plan as soon as reasonably practicable. 3.11.5 3.11.6 If, sixty (60) days after an action plan is implemented agreed pursuant to Clause 3.11.43.11.5, VEL believes in its reasonable discretion that the Licensee has not been able to demonstrate to VEL that it has taken sufficient steps to remedy any failures to meet the Customer Service Levels within ninety (90) days of an action plan being agreed by the Parties pursuant to comply with Clause 3.11.43.11.1, VEL shall so notify the Licensee in writing that the matter shall be escalated to the members of the senior management teams of VEL and Licensee for resolutionwriting. The members of the senior management teams of VEL and Licensee shall use their reasonable endeavors to meet within ten (10) Business Days of VEL’s notification provided pursuant to this Clause 3.11.5. 3.11.6 If the senior management teams Licensee does not take such sufficient steps within an additional thirty (30) days after receipt of VEL and Licensee are unable to resolve a matter referred to them pursuant to Clause 3.11.5 within twenty (20) Business Days of the date on which the senior management team meet (pursuant to Clause 3.11.5), such notice VEL shall have the right to serve a notice terminate this Agreement immediately following initiation of termination on Licensee the dispute resolution procedures starting at Clause 14.11(c). For the avoidance of doubt, the dispute resolution process outlined in accordance Clauses 14.11(a) and 14.11(b) shall not apply if VEL elects to terminate this Agreement under this Clause 3.11.6. 3.11.7 Nothing in this Section 3.11 shall preclude either Party from initiating the dispute resolution procedures set forth in 14.11 concurrently with Clause 9.2(b)(iii)the foregoing.

Customer Service Levels. 3.11.1 The Licensee agrees to use commercially reasonable efforts to: (a) ensure that its level of customer service and complaint handling reflect the Brand Values and a high standard of customer care, including but not limited to complying with the Customer Service Levels set forth in Exhibit D, or such other service levels as may be agreed by the Parties in writing from time to time; and (b) conduct the Licensed Activities in accordance with honest and ethical business practices at all times whether dealing with employees, the public, the business community, shareholders, customers, suppliers, competitors, governmental and regulatory bodies or otherwise, consistent with the Licensee’s Code of Conduct attached as Exhibit C, as Licensee may reasonably amend from time to time. 3.11.2 The Licensee agrees to provide customer satisfaction and complaints reports to VEL or a party nominated by VEL in the form of the Benchmarking Template, as such may be amended from time to time by the mutual agreement of the Parties, Template and at the times referred to in Exhibit D. 3.11.3 In the event that VEL believes in its reasonable discretion that Licensee is not in compliance with the Customer Service Levels set out in Exhibit D, VEL shall so notify Licensee in writing. Licensee shall provide to VEL an explanation in writing of the reasons for such failure to comply with such Customer Service Levels within twenty (20) Business Days of such notification by VEL and shall use commercially reasonable efforts to remedy such failures as soon as reasonably practicable. 3.11.4 In the event that VEL believes in its reasonable discretion that Licensee has not been able to demonstrate to VEL that it has taken reasonable steps necessary to remedy the failures identified by VEL pursuant to Clause 3.11.3 within ninety (90) days of VEL’s notification provided pursuant to Clause 3.11.3, VEL shall so notify Licensee in writing. Licensee shall provide to VEL an action plan detailing how it plans to remedy such failures within twenty (20) Business Days of such notification by VEL. VEL shall consider such action plan and within twenty (20) Business Days shall (acting reasonably) indicate in writing to Licensee whether it agrees with such proposed action plan or whether it would like to see any modifications made to such action plan. Once an action plan has been agreed by the Parties following discussion in good faith, the Licensee shall use its commercially reasonable efforts to implement such action plan as soon as reasonably practicable. 3.11.5 If, after an action plan is implemented pursuant to Clause 3.11.4, VEL believes in its reasonable discretion that Licensee has not been able to demonstrate to VEL that it has taken sufficient steps to remedy any failures to meet the Customer Service Levels within ninety (90) days of an action plan being agreed by the Parties pursuant to Clause 3.11.4, VEL shall so notify Licensee in writing that the matter shall be escalated to the members of the senior management teams of VEL and Licensee for resolution. The members of the senior management teams of VEL and Licensee shall use their reasonable endeavors to meet within ten (10) Business Days of VEL’s notification provided pursuant to this Clause 3.11.5. 3.11.6 If the senior management teams of VEL and Licensee are unable to resolve a matter referred to them pursuant to Clause 3.11.5 within twenty (20) Business Days of the date on which the senior management team meet (pursuant to Clause 3.11.5), VEL shall have the right to serve a notice of termination on Licensee in accordance with Clause 9.2(b)(iii).