Escalation Stage 3 Clause Samples
Escalation Stage 3. If a total of seventy-two (72) hours has elapsed since the initial call of the AOC to Contractor for a Severity Level 1 or Level 2 situation and the situation is still unresolved to the AOC’s satisfaction, Court shall be entitled to receive a five percent (5%) reduction or refund of the annual fees under the Agreement for the current year for each twenty-four (24) hour period that the Defect involving the Service, Licensed Software or other Deliverable is unresolved, commencing with the date and hour of the instigation of the escalation procedures contained in this Exhibit F. At the sole discretion of the AOC, this reduction may (i) be applied to any accrued fees due to Contractor hereunder, or (ii) refunded to the AOC in cash or, at the AOC’s option, other good funds. In addition to the annual fee refund, after a total of seventy-two (72) hours has lapsed since the date and hour of the instigation of the escalation procedures contained in this Exhibit F for a Severity Level 1 or Level 2 situation and the situation is still unresolved, at the sole discretion of the AOC, Contractor shall immediately send, at Contractor's sole expense, Contractor’s most technically qualified representative to the AOC’s site and said representative will continue to address and work to remedy the failure, malfunction, defect or nonconformity until such failure, malfunction, defect or nonconformity is resolved to the satisfaction of the AOC. The contractor will provide the Services, Licensed Software and the other Deliverables in accordance with the uptime availability commitments and other requirements set forth in Exhibit G. HOSTING VENDORS A Hosting Vendor shall: In the event of a security breach incident, notify the AOC Project Manager within three hours of first knowledge. Comply with all applicable laws (including California laws) regarding personal data security and privacy. Provide all hosting services, equipment and related Deliverables in accordance with the highest industry standards, including standards relating to privacy protection, fire and flood prevention/protection, and temperature/humidity control. Ensure the following: A secure hosting infrastructure of the utmost confidentiality (no unauthorized access), integrity (no tampering), and authenticity (no impersonation). Data in its custody should never be used, under any circumstances, for any purposes other than those agreed to in the contract. All hosts, servers and devices should have currently-supported and...
Escalation Stage 3. If a total of seventy-two (72) hours has elapsed since the initial call of the AOC to Contractor for a Severity Level 1 or Level 2 situation and the situation is still unresolved to the AOC’s satisfaction, Court shall be entitled to receive a five percent (5%) reduction or refund of the annual fees under the Agreement for the current year for each twenty-four (24) hour period that the Defect involving the Service, Licensed Software or other Deliverable is unresolved, commencing with the date and hour of the instigation of the escalation procedures contained in this Exhibit F. At the sole discretion of the AOC, this reduction may (i) be applied to any accrued fees due to Contractor hereunder, or (ii) refunded to the AOC in cash or, at the AOC’s option, other good funds. In addition to the annual fee refund, after a total of seventy-two (72) hours has lapsed since the date and hour of the instigation of the escalation procedures contained in this Exhibit F for a Severity Level 1 or Level 2 situation and the situation is still unresolved, at the sole discretion of the AOC, Contractor shall immediately send, at Contractor's sole expense, Contractor’s most technically qualified representative to the AOC’s site and said representative will continue to address and work to remedy the failure, malfunction, defect or nonconformity until such failure, malfunction, defect or nonconformity is resolved to the satisfaction of the AOC.
Escalation Stage 3