Governance Escalation Event. (a) A Governance Escalation Event occurs if:
(i) the Successful Respondent asserts that it has been unable to perform all or a portion of the Services solely as a result of the failure by a Service Component Provider to perform certain obligations reasonably specified in the SMM or in the applicable Operating Agreement (OA);
(ii) the Successful Respondent has performed its own obligations as set forth in the Agreement, including the Statements of Work, SMM, and the applicable OA; and
(iii) the Successful Respondent, upon becoming aware of such an occurrence or failure:
A. immediately notifies the Service Component Provider of such failure and that such failure will result in a failure by the Successful Respondent to perform its obligations to DIR under such circumstances; B. provides the Service Component Provider with reasonable opportunity to correct such failure to perform and thereby avoid the Successful Respondent’s non-performance;
Governance Escalation Event. A Governance Escalation Event occurs, if (a) the Service Provider asserts that it has been unable to perform all or a portion of the Services solely as a result of the failure by another DCS Service Provider to perform certain obligations reasonably specified in the Service Management Manual or in the applicable OLA , (b) the Service Provider has performed its own obligations as set forth in the Agreement, including the SOWs, Service Management Manual and the applicable OLA, and (c) the Service Provider, upon becoming aware of such an occurrence or failure, (i) immediately notifies such other DCS Service Provider of such failure and that such failure will result in a failure by the Service Provider to perform its obligations to DIR under such circumstances, (ii) provides such other DCS Service Provider with reasonable opportunity to correct such failure to perform and thereby avoid the Service Provider's non-performance, (iii) uses commercially reasonable efforts to perform its obligations under the Agreement notwithstanding such failure to perform,
Governance Escalation Event. A Governance Escalation Event occurs, if (a) the Service Provider asserts that it has been unable to perform all or a portion of the Services solely as a result of the failure by another DCS Service Provider to perform certain obligations reasonably specified in the Service Management Manual, (b) the Service Provider has performed its own obligations as set forth in the Agreement, including the SOWs, Service Management Manual, and (c) the Service Provider, upon becoming aware of such an occurrence or failure, (i) immediately notifies such other DCS Service Provider of such failure and that such failure will result in a failure by the Service Provider to perform its obligations to DIR under such circumstances, (ii) provides such other DCS Service Provider with reasonable opportunity to correct such failure to perform and thereby avoid the Service Provider's non-performance, (iii) uses commercially reasonable efforts to perform its obligations under the Agreement notwithstanding such failure to perform, (iv) has notified DIR that corrective action has commenced, and (v) has otherwise exhausted all other rights and remedies to cause such other DCS Service Provider to perform. Upon the occurrence of a Governance Escalation Event, the Service Provider may escalate such other DCS Service Provider's failure through the appropriate governance structure for resolution in accordance with Exhibit 6. If the applicable governance committee has determined that Service Provider has satisfied each of the requirements and obligations set forth above, such resolution shall include excusing Service Provider's performance related to such failure and may include other actions as reasonably determined by DIR including appropriate changes to the Service Management Manual.
Governance Escalation Event. A Governance Escalation Event occurs, if (a) the Successful Respondent asserts that it has been unable to perform all or a portion of the Services solely as a result of the failure by a Service Component Provider to perform certain obligations reasonably specified in the Service Management Manual or in the applicable Operating Agreement (OA), (b) the Successful Respondent has performed its own obligations as set forth in the Agreement, including the Statements of Work, Service Management Manual, and the applicable OA, and
