Level of Services. Unless expressly set forth otherwise in the Service Schedule and subject to the terms and conditions hereof, MCK will provide, or cause to be provided by its Affiliates, the Services in substantially the same manner scope, content and quality standard and at substantially the same level as such or similar Services were performed by MCK for the Core MTS Business during the twelve months prior to the Closing Date. To the extent that MCK fails to meet such service level standards with respect to any Services notwithstanding that MCK is exercising commercially reasonable efforts, MCK will ensure that the Core MTS Business is not adversely discriminated against as compared to MCK’s other business units for which MCK is performing comparable Services.
Level of Services. One of the four categories of care reimbursed under the Medicare hospice benefit, which consist of:
i. Routine Home Care – when a patient is at home and is not receiving Continuous Care services;
ii. Continuous Care – when a patient is at home and receives services that consist predominantly of nursing care on a continuous basis for brief periods of crisis and as necessary to maintain the terminally ill at home. See 42 C.F.R. § 418.204;
iii. Inpatient Respite Care –when a patient receives care at an approved facility on a short term basis for respite; and
iv. General Inpatient Care – when a patient receives general inpatient care in an inpatient facility for pain control or acute or chronic symptom management which cannot be managed in other settings.
Level of Services. The Company shall procure that relevant skilled Consultants shall be provided to undertake such hours as may be agreed, a Consultants normal working week, for the purpose of this Clause means forty (40) hours per week during the required period in the performance of the Services, unless otherwise agreed in writing by the Company. The Company acknowledges that Consultants may be required to work outside normal business hours as may be reasonably requested by the Customer, in the absence of written agreement to the contrary the Company shall be entitled to charge the Customer for all time expended.
Level of Services. Unless expressly set forth otherwise in the Service Schedule and subject to the terms and conditions hereof, Change Healthcare (i) will provide, or cause to be provided by its Affiliates or subcontractors, the Services in substantially the same manner, scope, content and quality standard as such or similar services were performed by Change Healthcare, its Affiliates or subcontractors for the Connect Business during the twelve (12) month period prior to the Closing Date; and (ii) upon receipt of written notice from Connect LLC identifying any outage, interruption, disruption, downturn or other failure of any Service (a “Service Interruption”), shall use commercially reasonable efforts to respond, or to cause one or more of its Subsidiaries to respond, to such Service Interruption in a manner that is substantially similar to the manner in which Change Healthcare or its Affiliates responded to any Service Interruption of the same or similar services during the twelve (12) month period prior to the Closing Date. With respect to Services for which the same or similar services were not performed by Change Healthcare during the twelve (12) month period prior to the Closing Date, Change Healthcare will provide such Services, and will respond to any Service Interruption of such Services, in a commercially reasonable manner. The applicable service levels as described in this Section 1.2, including as such service level may be modified by the Parties for a particular Service as set forth in the applicable Service Schedule, are referred to herein as the “Performance Standard”. To the extent that Change Healthcare fails to meet such Performance Standard with respect to any Services notwithstanding that Change Healthcare is exercising commercially reasonable efforts, Change Healthcare will ensure that the Connect Business is not adversely discriminated against as compared to Change Healthcare’s other business units for which Change Healthcare is performing comparable services.
Level of Services. Unless expressly set forth otherwise in the Service Schedule and subject to the terms and conditions hereof, NewCo will provide, or cause to be provided by its Affiliates, the Services in substantially the same manner scope, content and quality standard and at substantially the same level as such or similar Services were performed by the Core MTS Business for EIS during the twelve months prior to the Closing Date. To the extent that NewCo fails to meet such service level standards with respect to any Services notwithstanding that NewCo is exercising commercially reasonable efforts, NewCo will ensure that EIS is not adversely discriminated against as compared to NewCo’s provision of comparable services for its Core MTS Business.
Level of Services. Unless expressly set forth otherwise in the Service Schedule and subject to the terms and conditions hereof, NewCo will provide, or cause to be provided by its Affiliates, the Services in substantially the same manner scope, content and quality standard and at substantially the same level as such or similar Services were performed by the Core MTS Business for McKesson RemainCo during the twelve months prior to the Closing Date. To the extent that NewCo fails to meet such service level standards with respect to any Services notwithstanding that NewCo is exercising commercially reasonable efforts, NewCo will ensure that McKesson RemainCo is not adversely discriminated against as compared to NewCo’s provision of comparable services for its Core MTS Business.
Level of Services. Except as set forth specifically in Schedule A, Schedule B or otherwise specifically agreed to in writing by SPX and Flowco, (a) each party shall provide, or cause its Affiliate to provide, each Service with a degree of care consistent with the care it exercises in the conduct of similar activities for itself, (b) each of the SPX Services that are similar to those provided to, or in connection with the operation of, the Flowco Business prior to the Effective Time shall be, in all material respects, consistent in scope, quality and nature with those provided to, or provided on behalf of, the Flowco Business prior to the date hereof, (c) each of the Flowco Services that are similar to those provided to, or in connection with the operation of, the Infrastructurco Business prior to the Effective Time shall be, in all material respects, consistent in scope, quality and nature with those provided to, or provided on behalf of, the Infrastructurco Business prior to the date hereof and (d) in no event shall any Service be provided at a level of service (including, without limitation, accuracy, quality, completeness, timeliness, priority and responsiveness) lower than the levels at which such Services were provided prior to the date hereof, if applicable. The Services to be provided hereunder that are not similar to those provided to the Flowco Business or to the Infrastructurco Business prior to the Effective Time shall be performed by personnel selected by the Service Provider providing such Services, which personnel shall have the capacity, skill and expertise necessary to perform such Services. In providing the Services, neither the Service Provider nor any of its Affiliates shall be obligated to: (i) hire any additional employees; (ii) maintain the employment of any specific employee; or (iii) purchase, lease or license any additional facilities, equipment or materials; provided that, at all times, the Service Provider shall maintain the standard of care and performance as set forth in the preceding sentences of this Section 1.2.
Level of Services. Notwithstanding paragraphs 12(a), (b) and (c), it is the intent of the parties, and the parties hereby acknowledge, that for so long as the Advisor Period and/or Producer Period remains in effect, the level of bona fide services reasonably anticipated to be performed by you shall remain 45% or less of the average level of bona fide services performed by you during the 36-month period ending on the last day of the Employment Term and, therefore, that your continuing to provide services as an Advisor and/or Producer following the expiration of the Employment Term shall not prevent you from being considered to have incurred a Separation from Service as of your Termination Date.
Level of Services. Company shall not allocate its facilities, plant capacity or personnel to fulfillment of orders of any other party in a manner which is more favorable than its allocation of such facilities, plant capacity and personnel to the fulfillment of Orders under this Exhibit. In addition, the Services:
(i) shall be rendered on a so-called “label blind” basis;
(ii) shall be rendered in at least the same general manner, subject to at least the same general standards and in at least the same general quality as provided by Company to all other parties whose Records are manufactured and/or packaged by Company in the Territory, but if any such services are not part of the standard Services otherwise provided to WMI under this Exhibit and the provision of such services is at a higher cost to Company, then if WMI requests such services, such services shall be provided to WMI under this Exhibit, but subject to the same terms and conditions provided to such other party. This Paragraph 3(a)(ii) shall not require that Company provide any new services to WMI if the cost of providing such services would be unreasonably burdensome to Company; provided, however, that nothing in this sentence shall limit Company’s obligations set forth in Paragraph 6 of this Exhibit;
(iii) shall be rendered in at least the same manner, subject to at least the same standards and in at least the same quality as was provided to WMI’s Affiliates for the products of WMI’s Affiliates immediately prior to the Original Effective Date;
(iv) shall be rendered in accordance with “first-class” standards that meet the highest quality available in the industry;
(v) shall be rendered in accordance with, or exceed, each of the service level requirements set forth on Schedule A hereto (the requirements set forth on Schedule A hereto being the “Service Level Requirements”); and
(vi) shall, to the extent rendered for the production of Products in CD or DVD format, be rendered in accordance with the technical specifications set forth on Schedule B hereto (the requirements set forth on Schedule B hereto being the “Technical Specifications”).
Level of Services. Subject to Section 1.1, the Services shall be provided to R&DCo (or another R&DCo Group Member) in a manner substantially similar in scope, quality, and nature to those provided to, or provided on behalf of, the R&DCo Business prior to the date hereof.
