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. As per the Supplier proposal, Service Credits are applied at the following rate: for each service failure outside the 95% xxxxxxxxx
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:
(a) as soon as practicable and in any event no longer than 14 days following the failure to meet the applicable Service Level, provide Participant with a written report detailing the cause of, and any consequences of, such failure to achieve or exceed the Service Level, and Data Republic's proposed procedure for correcting the failure (Rectification Plan);
(b) once it has been approved by Participant, implement the Rectification Plan;
(c) allocate such resources as may be necessary to implement the Rectification Plan; and
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. 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.
a. [******].
b. [******].
c. [******]. [******] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
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.
b) The Contractor’s obligation to pay contractual Liquidated Damages to TenCate is without prejudice to TenCate’s other rights, including the right to claim specific performance and damages.
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) 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.
Failure to Meet Service Levels. As further described in Exhibit A, in the event Service Provider does not meet any of the Service Levels applicable to any Service, Service Provider shall: (a) reduce the next annual invoice to Customer by the amount of the applicable Performance Credits as a credit; and, (b) use its best efforts to ensure that any unmet Service Level is subsequently met. Notwithstanding the foregoing, Service Provider will use commercially reasonable efforts to minimize the impact or duration of any outage, interruption, or degradation of Service.
