Common use of Governance Escalation Event Clause in Contracts

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) A Governance Escalation Event occurs if: occurs, if (ia) 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 Service Management Manual or in the applicable Operating Agreement (OA); , (iib) the Successful Respondent has performed its own obligations as set forth in the Agreement, including the Statements of Work, SMMService Management Manual, and the applicable OA; and , and (iiic) the Successful Respondent, upon becoming aware of such an occurrence or failure: A. , (i) 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. , (ii) provides the Service Component Provider with reasonable opportunity to correct such failure to perform and thereby avoid the Successful Respondent’s non-performance;thereby

Governance Escalation Event. (a) A “Governance Escalation Event 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 an SCP 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 this 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 SCP 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 SCP with reasonable opportunity to correct such failure to perform and thereby avoid the Successful Respondent’s non-performance;