Common use of Incident Resolution Assurances Clause in Contracts

Incident Resolution Assurances. 5.6.1 In the event of the Supplier’s failure to provide Incident resolution in accordance with the applicable Incident Resolution Target, the Incident will be designated at the next higher Priority level and the Supplier shall, as soon as is reasonably practicable: (i) perform a root-cause analysis to identify the cause of such failure, (ii) provide the Local Government with a report detailing the cause of, and procedures for correcting, such failure, (iii) implement such procedures which may include the development and/or use of measurement and monitoring tools (if appropriate), and (iv) provide the Local Government with assurance reasonably satisfactory to the Local Government that, following completion of the implementation of such procedures, the risk of such failure recurring will be minimized. 5.6.2 If the Incident Resolution Targets, measured over the aggregate of Incidents occurring during a month, are not achieved 90% of the time for: (i) two (2) consecutive months, or (ii) three (3) non-consecutive months in any twelve (12) month period, the Supplier shall be deemed to be in material breach of the Agreement and the Local Government may (i) assent to modification(s) to the Solution or the Services as proposed by the Supplier to prevent future breaches, (ii) exercise those rights and remedies available to the Local Government under this Agreement, or (iii) terminate the Service(s) or the Agreement for cause.

Incident Resolution Assurances. 5.6.1 In the event of the Supplier’s failure to provide Incident resolution in accordance with the applicable Incident Resolution Target, the Incident will be designated at the next higher Priority level and the Supplier shall, as soon as is reasonably practicable: (i) perform a root-cause analysis to identify the cause of such failure, (ii) provide the Local Government with a report detailing the cause of, and procedures for correcting, such failure, (iii) implement such procedures which may include the development and/or use of measurement and monitoring tools (if appropriate), and (iv) provide the Local Government with assurance reasonably satisfactory to the Local Government that, following completion of the implementation of such procedures, the risk of such failure recurring will be minimized. 5.6.2 If the Incident Resolution TargetsLocal Government is unable to access the data, measured over the aggregate of Incidents occurring Supplier will use Commercially Reasonable Efforts to support the Local Government to ensure Data is accessible. If, after the system installation, configuration and approval by the Local Government, the Data is not available to the Local Government for i) 60 consecutive days or ii) 90 Days during a month, are not achieved 90% of the time for: (i) two (2) consecutive months, or (ii) three (3) non-consecutive months in any twelve (12) month periodfiscal year, the Supplier shall be deemed to be in material breach of the Agreement and the Local Government may (i) assent to modification(s) to the Solution or the Services as proposed by the Supplier to prevent future breaches, (ii) exercise those rights and remedies available to the Local Government under this Agreement, or (iii) terminate the Service(s) or the Agreement for cause.