Failure to Meet Service Level Standards. Time is of the essence in meeting the Service Level Standards. If Vendor does not meet a Service Level Standard, Vendor shall issue the applicable Service Credits as agreed upon herein. The Service Credits will be issued on Vendor’s next invoice to Citizens for the Services. The Service Credits are intended only to cover the diminished value of a Service that is delivered to Citizens. The acceptance of a Service Credit does not waive Citizens’ right to pursue other remedial actions or claims under this Agreement. To the extent the underlying acts or omissions constitute an event of default under another section of this Agreement, Citizens may declare an event of default under that section. Notwithstanding the issuance of a Service Credit, Vendor will use its best efforts to minimize the impact or duration of any outage, interruption or degradation of Service. In no case shall Citizens be required to notify Vendor that a Service Credit is due as a condition of payment of the same.
Failure to Meet Service Level Standards. Time is of the essence in meeting the Service Level Standards. If Vendor does not meet a Service Level Standard, Vendor shall issue the applicable Service Credit as agreed upon herein. The Service Credit will be issued: (a) on Vendor’s next invoice to Citizens for the Services; or, (b) where no amounts remain due to Vendor for the term of the Agreement, Vendor shall issue the Service Credit as a payment to Citizens within thirty (30) calendar days of the determination of the Service Credit. A Service Credit is intended only to cover the diminished or unobtained value of a Service that is delivered to Citizens and the acceptance of a Service Credit by Citizens does not waive Citizens’ right to pursue other remedial actions or claims under the Agreement. To the extent the underlying acts or omissions constitute an event of default under any other provisions of the Agreement, Citizens may declare an event of default under that provision. Notwithstanding the issuance of a Service Credit, Vendor will use its best efforts to minimize the impact or duration of any outage, interruption, or degradation of Service. In no case shall Citizens be required to notify Vendor that a Service Credit is due as a condition of payment of the same to Citizens.
Failure to Meet Service Level Standards. In the event Contractor does not meet a service level standard described herein, Contractor shall: (a) owe to City any applicable Performance Credit, as liquidated damages and not as a penalty; and, (b) use its best efforts to ensure that any unmet service level standard described herein is subsequently met. Notwithstanding the foregoing, Contractor will use its best efforts to minimize the impact or duration of any outage, interruption, or degradation of Service. In no case shall City be required to notify Contractor that a Performance Credit is due as a condition of payment of the same.
Failure to Meet Service Level Standards. In the event Contractor does not meet a service level standard described herein, Contractor shall: (a) owe to County any applicable Performance Credit, as liquidated damages and not as a penalty; and, (b) use its commercially reasonable efforts to ensure that any unmet service level standard described herein is subsequently met. Notwithstanding the foregoing, Contractor will use its commercially reasonable efforts to minimize the impact or duration of any outage, interruption, or degradation of Service. In no case shall County be required to notify Contractor that a Performance Credit is due as a condition of payment of the same.
Failure to Meet Service Level Standards. If Vendor does not meet a Service Level Standard, Vendor shall issue the applicable service credit as agreed upon in each Task Order. The service credits will be issued on Vendor’s next invoice to Citizens for the Services. The service credits are intended only to cover the diminished value of a Service that is delivered to Citizens. The acceptance of a service credit does not waive Citizens’ right to pursue other remedial actions or claims under this Agreement. To the extent the underlying acts or omissions of Vendor constitute an event of default under another section of this Agreement, Citizens may declare an event of default under that section. Notwithstanding the issuance of a service credit, Vendor will use its reasonable efforts to minimize the impact or duration of any outage, interruption or degradation of Service. In no case shall Citizens be required to notify Vendor that a service credit is due as a condition of payment of the same.
Failure to Meet Service Level Standards. Time is of the essence in meeting the Service Level Standards. Citizens will apply the Service Credits to amounts due to Vendor. The Service Credits are intended only to cover the diminished value of a Service that is delivered to Citizens. The acceptance of a Service Credit does not waive Citizens’ right to pursue other remedial actions or claims under this Agreement. To the extent the underlying acts or omissions constitute an event of default under another section of this Agreement, Citizens may declare an event of default under that section. Notwithstanding the issuance of a Service Credit, Vendor will use its best efforts to minimize the impact or duration of any outage, interruption or degradation of Service.
Failure to Meet Service Level Standards. Time is of the essence in meeting the Service Level Standards. If Vendor does not meet a Service Level Standard, in addition to any other remedy allowed by law, Vendor shall issue the applicable Financial Consequence under Section 5 of this Agreement. The Financial Consequences will be issued on Vendor’s next invoice to Citizens for the Services. The Financial Consequences are intended only to cover the diminished value of a Service that is delivered to Citizens. The acceptance of a Financial Consequence does not waive Citizens’ right to pursue other remedial actions or claims under this Agreement. To the extent the underlying acts or omissions constitute an event of default under another Section of this Agreement, Citizens may declare an event of default under that section. Notwithstanding the issuance of a Financial Consequence, Vendor will use its best efforts to minimize the impact or duration of any outage, interruption or degradation of Service. In no case shall Citizens be required to notify Vendor that a Financial Consequence is due as a condition of payment of the same.
Failure to Meet Service Level Standards. If TSYS fails to meet a Service Level Standard, TSYS shall promptly (i) investigate and report at no charge to Subscriber on the root cause(s) of such failure; (ii) advise Subscriber of the status of remedial efforts being undertaken with respect to such failure; (iii) notify Subscriber of the steps which TSYS believes should be taken to correct the cause of such failure; (iv) correct the cause of such failure to prevent such failure from reoccurring, and (v) if applicable, pay any monetary remedies set forth in Exhibit 2 to the Schedules. The failure of TSYS to meet or exceed a Service Level Standard shall not constitute a breach of the Agreement, unless such failure also constitutes a breach of the Standard of Care [***].
Failure to Meet Service Level Standards. Time is of the essence in meeting the Service Level Standards. If Vendor does not meet a Service Level Standard outside of causes related to herein defined Force Majeure events pursuant to Subsection 19.15.
Failure to Meet Service Level Standards. As further described in an Exhibit A, in the event Vendor does not meet a Service Level Standard, Vendor shall: (a) owe to County any applicable Performance Credit, as liquidated damages and not as a penalty; and, (b) use its best efforts to ensure that any unmet Service Level Standard is subsequently met. Notwithstanding the foregoing, Vendor will use its best efforts to minimize the impact or duration of any outage, interruption, or degradation of Service. In no case shall County be required to notify Vendor that a Performance Credit is due as a condition of payment of the same.
