Excused Performance Problems a) In addition to any other Excused Performance Problem that may be established for a particular Service, EVERTEC will not be liable to COMPANY (and no SLCs will apply) for any failure to meet a Service Level to the extent that such failure is attributable to: (i) an Event of Force Majeure, (ii) acts or omissions of COMPANY or COMPANY’s Third Party providers; (iii) breaches of this SLA, the Service Addendum and/or the Master Agreement by COMPANY or COMPANY’s Third Party providers; (iv) problems in COMPANY’s Third Party providers of local area networks and telecommunication lines; and (v) downtime for Scheduled Maintenance (defined below) or emergency maintenance previously coordinated with and/or notified to COMPANY that is undertaken outside of Hours of Operations.
Excused Performance Problems. FIS shall not be liable to Client or its End Users for any failure to meet a Service Level (“Problem”) to the extent that such failure is attributable to: (i) a Force Majeure event as defined in the Agreement; or (ii) acts or omissions of Client or its End Users; or (iii) breaches of the Agreement by Client or its End Users. The foregoing are referred to herein collectively as “Excused Performance Problems.”
Excused Performance Problems. Fidelity shall not be liable for any failure to meet a service level to the extent that such failure is attributable to: (i) a force majeure event; or (ii) acts or omissions of Customer; or (iii) Customer’s breach of its obligations under this Schedule.
Excused Performance Problems. (a) The following are excused performance problems to the extent that each has caused degradations or failures of Service Provider’s performance and shall not constitute a Service Level Default (each an “Excused Performance Problem”):
Excused Performance Problems. The Company will not be liable to the Institution for any failure to meet a service level to the extent that such failure is attributable to the following: (i) acts, omissions, or errors of the Institution or an End User, (ii) breaches of the Agreement by the Institution, (iii) any software, hardware, systems or connections not provided or controlled by the Company, (iv) failure of the internet or an internet service provider, (v) failure of the Institution’s or an End User’s software, hardware, systems or connections, (vi) scheduled or unscheduled maintenance, (vii) the Institution’s or an End User’s failure to provide correct and necessary data, or (viii) any force majeure event as further described in the Agreement. These are referred to herein collectively as an “Excused Performance Problem.” ATTACHMENT D PRIVACY ADDENDUM THIS PRIVACY ADDENDUM (“Privacy Addendum”) by and between College of Lake County (“Client” or “Institution”) and Nelnet Business Solutions, Inc. (“NBS” or “Company”) is entered into and effective as of the last signature date affixed hereto (“Effective Date”). The Privacy Addendum is supplemental to the Professional Services Agreement (“Agreement”) and sets out the terms that apply when personal data is processed by NBS under the Agreement.
