Exceptions to Service Levels Sample Clauses

Exceptions to Service Levels. Contractor shall be excused for its failure to meet any Service Level, and no Service Credit shall be provided, if such failure is attributable to any of the following: a. The State’s failure to perform its obligations under the Agreement that affects the performance of the Contractor Solution or hinders Contractor’s performance of the Services, including failure caused by the State Systems; or b. The performance of a third party not under Contractor’s control, but excluding Contractor subcontractors; or c. Unforeseen material volumes increases (i.e., in excess of double the State’s normal volumes) based on changes in the State’s business operations, processes or methodology for which the State has failed to give Contractor sufficient advance written notice; or d. For Services that are dependent on a data feed from a State System or a third party system that the State has contracted for, a faulty, bad or incomplete data feed from such State System or third party system. However, in each case, Contractor must (i) notify the State in writing reasonably promptly of becoming aware of the issue and its impact on the Service Levels, (ii) take commercially reasonable efforts to mitigate the impact of the State’s or the Third Party’s acts or omissions and
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Exceptions to Service Levels. The Availability of the Application and the Supplier’s obligations with respect to the other service measures set forth herein may be subject to limitations, delays, and other problems inherent to the general use of the Internet and other public networks or caused by Customer, Authorized Users or third parties. Supplier is not responsible for any delays or other damage resulting from problems outside of Supplier’s control. Without limiting the foregoing, the following are exceptions to Supplier’s obligations under this SLA: (i) a failure or malfunction resulting from scripts, data, applications, equipment, or services provided and/or performed by Customer; (ii) outages initiated by Supplier or its third party suppliers at the request or direction of Customer for maintenance, back up, or other purposes; (iii) outages occurring as a result of any actions or omissions taken by Supplier or its third party Suppliers at the request or direction of Customer; (iv) outages resulting from Customer’s equipment and/or third party equipment not within the sole control of Supplier; (v) events resulting from an interruption or shut down of the Application due to circumstances reasonably believed by Suppler to be a significant threat to the normal operation of the Application, the facility from which the Application is provided, or access to or integrity of data (e.g., a hacker or a virus attack); (vi) outages due to system administration, commands, file transfers performed by Customer representatives; (vii) other activities Customer directs, denial of service attacks, natural disasters, changes resulting from government, political, or other regulatory actions or court orders, strikes or labor disputes, acts of civil disobedience, acts of war, or other events caused by circumstances beyond Supplier’s reasonable control (viii) Customer’s negligence or breach of its material obligations under this SLA, the Agreement, or any other agreement between Customer and Supplier; and (ix) lack of availability or untimely response time of Customer to respond to incidents that require its participation for source identification and/or resolution. (x) use of unsupported, untested and unverified versions of browsers, operating systems and applications as defined by Planbox - Client Software And Systems Requirements document.
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Exceptions to Service Levels. Client acknowledges and understands that no service level credit shall be granted to Client, if and to the extent that, at any time: (i) Client breaches or fails to perform its obligations under this Addendum or the General Terms; (ii) processing occurs from a FIS recovery facility as a result of a disaster; or (iii) any Force Majeure event occurs. EID: 2685 PLID: 248707
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Related to Exceptions to Service Levels

  • Service Levels All service level requirements will be set forth in Exhibit A (“XXXX.xxx Referral Service Level Requirements”). Recipient Xxxxxx agrees to adhere, and encourage Recipient Agent’s adherence, with the version of the XXXX.xxx Referral Service Level Requirements in effect at the time XXXX.xxx identifies the Referral to Recipient Broker/Agent.

  • Penalties for Non-compliance to Service Level Agreement Where the Supplier/Service Provider fails to deliver the Goods/Services within the agreed and accepted milestone timelines and provided that the cause of the delay was not due to a fault of Transnet, penalties shall be imposed at …………………………………………………… .

  • Modifications to service This Auction Site reserves the right to modify or discontinue the Service with or without notice to user. This Auction Site shall not be liable to users or any third party should this Auction Site exercise its right to modify or discontinue the Service.

  • Technical Objections to Grievances It is the intent of both Parties of this Agreement that no grievance shall be defeated merely because of a technical error, other than time limitations in processing the grievance through the grievance procedure. To this end, an arbitration board shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance, in order to determine the real matter in dispute and to render a decision according to equitable principles and the justice of the case.

  • Service Level In the event that League InfoSight discovers or is notified by you of the existence of Non-Scheduled Downtime, we will use commercially reasonable efforts to determine the source of the problem and attempt to resolve it as quickly as possible.

  • Changes to Services The Parties acknowledge and agree that there will be changes to the scope of the Services during the Contract Period. The Customer may amend the Stories that are comprised within the Minimum Marketable Features of a Release at any time during the Release at no additional charge and without adopting the Change Control Procedure set out in Clause 28 above provided that: the Customer shall not be entitled to make any changes to the Stories that form the subject of a Sprint following the mutual agreement by the Parties of the Sprint Plan for that Sprint; new Stories and/or changes to existing Stories may only be introduced if: existing Stories with an equivalent number of Story Points are removed; or existing Stories are reduced in size by the equivalent number of Story Points, such that the total number of Story Points for the Release remains constant throughout the Release. The Supplier shall consider any request by the Customer to increase the number of Story Points for a Release, and may, subject to the Change Control Procedure set out at Clause 28, agree to such request.

  • Changes to Service We may, from time to time, modify the Service to reflect improvements and other changes and modifications to our network. In addition, we reserve the right to discontinue or limit Service as required to comply with or satisfy our obligations under applicable laws or regulations, including when changes to or interpretations of such laws and regulations have a material, adverse effect on the business, technical or economic feasibility of providing Service, as determined by us in our reasonable judgment.

  • Service Level Agreements If a Service or a Plan includes a Service Level Agreement (SLA): (a) we are liable for any remedy or rebate specified by the SLA; and (b) subject to clauses 40 to 42, and to the express terms of the SLA, our liability for breach of the SLA is limited to such remedy or rebate.

  • Switching System Hierarchy and Trunking Requirements For purposes of routing ECI traffic to Verizon, the subtending arrangements between Verizon Tandem Switches and Verizon End Office Switches shall be the same as the Tandem/End Office subtending arrangements Verizon maintains for the routing of its own or other carriers’ traffic (i.e., traffic will be routed to the appropriate Verizon Tandem subtended by the terminating End Office serving the Verizon Customer). For purposes of routing Verizon traffic to ECI, the subtending arrangements between ECI Tandem Switches and ECI End Office Switches shall be the same as the Tandem/End Office subtending arrangements that ECI maintains for the routing of its own or other carriers’ traffic.

  • Service Level Standards In addition to all other requirements in this Agreement, and in accordance with the Best Claims Practices & Estimating Guidelines, Vendor shall use reasonable and good faith efforts to meet the Service Level Standards set forth below.

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