Failure to Meet Service Levels. Contractor acknowledges that its failure to meet one or more service levels may have a material adverse effect on the business and operations of LAUSD and that the actual amount of damage sustained by LAUSD because of such failure may be impossible or extremely difficult to determine. Accordingly, any Work Order may provide that if Contractor fails to meet a service level, LAUSD shall have the option, but not the obligation, to recover the amounts specified in such Work Order as service level credits against amounts owed to Contractor by LAUSD.
Failure to Meet Service Levels. 12.2.1 If the Supplier persistently (e.g. breaches the same Service Level on three (3) or more occasions in three (3) consecutive months) or deliberately or intentionally fails in any material respect to achieve any Service Level, such failure shall be considered to be a material breach of its obligations and shall entitle the Client to terminate the Contract in accordance with the provisions of Clause 11.3.a provided that neither party shall be prevented from determining that any other breach of the Contract constitutes a material breach.
Failure to Meet Service Levels. In any case where any of the Service Levels are not achieved by BPD Zenith Ltd in circumstances where BPD Zenith Ltd is responsible for the failure under this SLA: • The Client may invoke the escalation process set out in section 6.6. • BPD Zenith Ltd shall promptly investigate the underlying cause(s) of the problem and, in the case of Level 1 and Level 2 faults which are unresolved shall provide the Client with a report setting out its assessment of the action required to be taken by BPD Zenith Ltd. • BPD Zenith Ltd shall take whatever action is reasonably necessary to minimise the impact of the problem and take such steps as are reasonably necessary to prevent it from recurring. • BPD Zenith Ltd shall correct the service problem or Incident as soon as practically possible and resume service provision in accordance with the required target service levels.
Failure to Meet Service Levels. If any Service Level is not achieved or exceeded in any quarter, Data Republic must promptly notify Participant, and Data Republic must:
Failure to Meet Service Levels a) If Contractor fails to provide the Deliverables in accordance with any agreed service levels, TenCate will be entitled to the service credits and other remedies set out in the Specifications and/or to terminate the Agreement, without prejudice to Contractor’s obligation to promptly remedy any non-performance at the request of TenCate, at no additional cost.
Failure to Meet Service Levels. As per the Supplier proposal, Service Credits are applied at the following rate: for each service failure outside the 95% xxxxxxxxx Xxxxx 0 Service Failure $25.00 Xxxxx 0 Xxxxxxx Xxxxxxxx $00.00 Xxxxx 0 Service Xxxxxxxx $00.00 Xxxxx 0 Service Failure $100 each day where core functionality is lost Chapter 5 Data Backup Full back up of all data must take place to ensure disaster recovery targets can be achieved. Access to extract the full data set must be available to allow information to be archived externally. Chapter 6 Data Restoration Restoration of data will be available where required up to 30 days Chapter 7 Disaster Recovery The Recovery Time Objective (RTO) is defined as 4 hours. RTO is the targeted duration of time and a service level within which the Learning Management System must be restored after a disaster and/or disruption in order to avoid unacceptable consequences associated with a break in business continuity. Recovery Point Objective (RPO) is defined as 4 hours. RPO is the maximum targeted period in which data might be lost from the Contractor due to a major incident. RPO is set to give Customer’s IT team a limit to work to. Schedule 2 The Support Services set out at Schedule 1 shall be subject to the following limitations based on the Solution option selected by the Customer. Customers using “Lite” subscription Discovery Session 2 hours Admin Training 2 hours Onboarding 2 hours Technical Support Helpdesk Customers using “Pro” subscription Discovery Session 5 hours Admin Training 5 hours Onboarding 5 hours Technical Support - Phone/Email/Zoom 100 hours Project Management 50 hours Customers using “Enterprise” subscription Discovery Session 10 hours Admin Training Unlimited Onboarding Unlimited Technical Support - Phone/Email/Zoom Unlimited Project Management Unlimited Product Enhancements Up to 10 hours Schedule 3 Additional Support Services At Customer’s reasonable request and subject to the availability of the Supplier’s personnel, the Supplier shall provide Customer any additional installation services, additional training, consulting services, custom programming, assistance with data transfers or Customer system or database upgrades, system restarts and reinstallations and other specialised support services that are outside the scope of the Services at the Supplier’s then prevailing professional services fees for the type of service requested. The current professional service rates are set out below. In addition, the Supplier re...
Failure to Meet Service Levels. Subject to the exceptions herein, and in addition to any rights and remedies in the Agreement, Ford shall have the rights set forth below with respect to a failure of Telenav to meet the Service Levels and objectives defined in this Exhibit.
Failure to Meet Service Levels i.. Each Sow shall have service levels for the Services and any penalties agreed to by the Parties.
Failure to Meet Service Levels. (a) If Contractor fails to provide the Services in a manner that meets or exceeds any Service Level (a “Service Level Default”), Contractor will (A) promptly perform a root-cause analysis and identify the problems causing the failure, (B) report to District on the nature and scope of the problems identified, (C) correct the problems as soon as practicable and resume meeting the Service Levels, (D) advise District of the progress of correction efforts at stages determined by District and (E) demonstrate to District that all reasonable action has been taken to prevent a recurrence of the Service Level Default.
Failure to Meet Service Levels. (a) Service Provider acknowledges that its failure to meet one or more Service Level Standards may have a material adverse effect on the business and operations of County. Accordingly, if Service Provider fails to meet a Service Level Standard, County shall recover the applicable amount specified in each Service Agreement (“Service Level Credits”); (b) Service Provider shall provide a deduction in an amount equivalent to the calculated monthly Service Level Credit from the next succeeding invoice or other amounts due to Service Provider, or, in the alternative, any service level credits due County shall be allocated to the hour bank referred to in paragraph 3.1.4.1 of this Agreement. The County shall make the foregoing election within ten (10) calendar days of determining that Service Level Credits are owed it; (c) Regardless of whether County recovers Service Level Credits owed with respect to any failure, County shall also have any remedies available to County under this Master Agreement or any Service Agreement, at law or in equity, including the right to terminate this Master Agreement or any Service Agreement for cause, less any Service Level Credits allocated to County. Each time Service Provider fails to meet a Service Level Standard, Service Provider shall: (i) promptly investigate the cause(s) of the failure and deliver to County a written report identifying such cause(s) in the form requested by County or as specified in a Service Agreement; (ii) use all Commercially Reasonable Efforts to correct the problem and to begin meeting such Service Level Standard(s) as soon as practicable; and (iii) at County’s request, advise County of the status of such corrective efforts; (d) All Service Level Standards and applicable Service Level Credits remain in effect notwithstanding Service Provider’s use of Commercially Reasonable Efforts to correct any performance problem; and (e) If any failure to meet a Service Level Standard is directly and solely attributable to a Force Majeure Event or negligent actions or negligent omissions of County or a breach by County of this Master Agreement or a Service Agreement, County shall not be entitled to a Service Level Credit.
