Common use of Failure to Meet Service Level Standards Clause in Contracts

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.