Common use of MEASURING TOOLS Clause in Contracts

MEASURING TOOLS. As of the Effective Date, the measuring tools and methodologies set forth in Attachment 3-B represent acceptable measuring tools and methodologies for the Critical Service Levels and Key Measurements designated. If there are any Critical Service Levels for which the measuring tools and methodologies have not been agreed upon by DIR and the Service Provider and for which measuring tools are not included in Attachment 3-B, and the Service Provider fails to propose a measuring tool for such Critical Service Level that is acceptable to DIR prior to the date upon which the Service Provider shall be responsible for Service Level performance and Service Level Credits due for Service Level Default, such failure shall be deemed a Service Level Default for the Critical Service Level until the Service Provider proposes and implements such acceptable measuring tool. DIR will not unreasonably withhold approval for the Service Provider's recommendation for an alternate tool. Tools for new Critical Service Levels will be implemented according to the Change Control Procedures. Upon DIR’s written notice approving a proposed alternate or new measurement tool, such tool shall be deemed automatically incorporated into Attachment 3-B as of the date for completion of implementation set forth in DIR’s notification without requirement for an additional written amendment of this Agreement. If, after the Effective Date or the implementation of tools for new Critical Service Levels, the Service Provider desires to use a different measuring tool for a Critical Service Level, the Service Provider shall provide written notice to DIR, in which event the Parties will reasonably adjust the measurements as necessary to account for any increased or decreased sensitivity in the new measuring tools; provided that, if the Parties cannot agree on the required adjustment, the Service Provider will continue to use the measuring tool that had been initially agreed to by the Parties. It is not anticipated that changes in the measuring tools will drive changes in Service Levels; rather, the need to collect and accurately reflect the performance data should drive the development or change in performance monitoring tools. Service Provider will configure all measuring tools to create an auditable record of each user access to the tool and any actions taken with respect to the data measured by or residing within the tool. All proposed measuring tools must include functionality enabling such creation of an auditable record for all accesses to the tool.

MEASURING TOOLS. As of the Effective Date, the measuring tools and methodologies set forth in Attachment 3-B Exhibit B.3 (Measuring Tools and Methodology) represent acceptable measuring tools and methodologies for the Critical Service Levels and Key Measurements Service Level Objectives designated. If there are any Critical Service Levels for which the measuring tools and methodologies have not been agreed upon by DIR Gap and the Service Provider and for which measuring tools Supplier, are not included in Attachment 3-BExhibit B.3 (Measuring Tools and Methodology), and the Service Provider Supplier fails to propose a measuring tool for such Critical Service Level that is acceptable to DIR Gap prior to the date upon which the Service Provider Supplier shall be responsible for Service Level performance and Service Level Credits due for Service Level Default, such failure shall be deemed a an Expected Service Level Default for the Critical Service Level until the Service Provider Supplier proposes and implements such an acceptable measuring tool. DIR will not unreasonably withhold approval for the Service Provider's recommendation for an alternate tool. Tools for new Critical Service Levels will be implemented according to the Change Control Procedures. Upon DIR’s written notice approving a proposed alternate or new measurement tool, such tool shall be deemed automatically incorporated into Attachment 3-B as of the date for completion of implementation set forth in DIR’s notification without requirement for an additional written amendment of this Agreement. If, after the Effective Date or the implementation of tools for new Critical Service Levels, the Service Provider Supplier desires to use a different measuring tool for a Critical Service Level, the Service Provider Supplier shall provide written notice to DIRGap, in which event the Parties will reasonably adjust the measurements as necessary to account for any increased or decreased sensitivity in the new measuring tools; provided that, if the Parties cannot agree on the required adjustment, the Service Provider Supplier will continue to use the measuring tool that had been initially agreed to by the Parties. It is not anticipated that changes in the measuring monitoring tools will drive changes in Service Levels; rather, the need to collect and accurately reflect the performance data should drive the development or change in performance monitoring tools. Service Provider will configure all measuring tools to create an auditable record of each user access to the tool and any actions taken with respect to the data measured by or residing within the tool. All proposed measuring tools must include functionality enabling such creation of an auditable record for all accesses to the tool.

MEASURING TOOLS. As of the Effective Initiation Date, the measuring tools and methodologies set forth in Attachment 3-B Exhibit B.3 (Measuring Tools and Methodology) represent acceptable measuring tools and methodologies for the Critical Service Levels and Key Measurements Service Level Objectives designated. If there are any Critical Service Levels for which the measuring tools and methodologies have not been agreed upon by DIR Gap and the Service Provider and for which measuring tools Supplier, are not included in Attachment 3-BExhibit B.3 (Measuring Tools and Methodology), and the Service Provider Supplier fails to propose a measuring tool for such Critical Service Level that is acceptable to DIR Gap prior to the date upon which the Service Provider Supplier shall be responsible for Service Level performance and Service Level Credits due for Service Level Default, such failure shall be deemed a Floor Service Level Default for the Critical Service Level until the Service Provider Supplier proposes and implements such an acceptable measuring tool. DIR will not unreasonably withhold approval for the Service Provider's recommendation for an alternate tool. Tools for new Critical Service Levels will be implemented according to the Change Control Procedures. Upon DIR’s written notice approving a proposed alternate or new measurement tool, such tool shall be deemed automatically incorporated into Attachment 3-B as of the date for completion of implementation set forth in DIR’s notification without requirement for an additional written amendment of this Agreement. If, after the Effective Initiation Date or the implementation of tools for new Critical Service Levels, the Service Provider Supplier desires to use a different measuring tool for a Critical Service Level, the Service Provider Supplier shall provide written notice to DIRGap, in which event the Parties will reasonably adjust the measurements as necessary to account for any increased or decreased sensitivity in the new measuring tools; provided that, if the Parties cannot agree on the required adjustment, the Service Provider Supplier will continue to use the measuring tool that had been initially agreed to by the Parties. It is not anticipated that changes in the measuring monitoring tools will drive changes in Service Levels; rather, the need to collect and accurately reflect the performance data should drive the development or change in performance monitoring tools. Service Provider will configure all measuring tools to create an auditable record of each user access to * Certain information on this page has been omitted and filed separately with the tool and any actions taken Commission. Confidential treatment has been requested with respect to the data measured by or residing within the tool. All proposed measuring tools must include functionality enabling such creation of an auditable record for all accesses to the toolomitted portions.

MEASURING TOOLS. As of the Effective Initiation Date, the measuring tools and methodologies set forth in Attachment 3-B Exhibit B.3 (Measuring Tools and Methodology) represent acceptable measuring tools and methodologies for the Critical Service Levels and Key Measurements Service Level Objectives designated. If there are any Critical Service Levels for which the measuring tools and methodologies have not been agreed upon by DIR Gap and the Service Provider and for which measuring tools Supplier, are not included in Attachment 3-BExhibit B.3 (Measuring Tools and Methodology), and the Service Provider Supplier fails to propose a measuring tool for such Critical Service Level that is acceptable to DIR Gap prior to the date upon which the Service Provider Supplier shall be responsible for Service Level performance and Service Level Credits due for Service Level Default, such failure shall be deemed a Floor Service Level Default for the Critical Service Level until the Service Provider Supplier proposes and implements such an acceptable measuring tool. DIR will not unreasonably withhold approval for the Service Provider's recommendation for an alternate tool. Tools for new Critical Service Levels will be implemented according to the Change Control Procedures. Upon DIR’s written notice approving a proposed alternate or new measurement tool, such tool shall be deemed automatically incorporated into Attachment 3-B as of the date for completion of implementation set forth in DIR’s notification without requirement for an additional written amendment of this Agreement. If, after the Effective Initiation Date or the implementation of tools for new Critical Service Levels, the Service Provider Supplier desires to use a different measuring tool for a Critical Service Level, the Service Provider Supplier shall provide written notice to DIRGap, in which event the Parties will reasonably adjust the measurements as necessary to account for any increased or decreased sensitivity in the new measuring tools; provided that, if the Parties cannot agree on the required adjustment, the Service Provider Supplier will continue to use the measuring tool that had been initially agreed to by the Parties. It is not anticipated that changes in the measuring monitoring tools will drive changes in Service Levels; rather, the need to collect and accurately reflect the performance data should drive the development or change in performance monitoring tools. Service Provider will configure all measuring tools to create an auditable record of each user access to the tool and any actions taken with respect to the data measured by or residing within the tool. All proposed measuring tools must include functionality enabling such creation of an auditable record for all accesses to the tool.

MEASURING TOOLS. As of the Effective Date, the measuring tools and methodologies set forth in Attachment 3-B B, Service Level Definitions-Tools-Methodologies, represent acceptable measuring tools and methodologies for the Critical Service Levels and Key Measurements designated. If there are any Critical Service Levels Key Measurements for which the measuring tools and methodologies have not been agreed upon by DIR and the Service Provider and for which measuring tools are not included in Attachment 3-B, and the Service Provider fails to propose a measuring tool for such Critical Service Level that is acceptable to DIR prior to the date upon which the Service Provider shall be responsible for Service Level performance and Service Level Credits due for Service Level Defaultperformance, such failure shall be deemed a Service Level Default for the Critical Service Level until the Service Provider proposes and implements such acceptable measuring tool. DIR will not unreasonably withhold approval for the Service Provider's recommendation for an alternate tool. Tools for new Critical Service Levels Key Measurements will be implemented according to the Change Control Procedures. Upon DIR’s written notice approving a proposed alternate or new measurement tool, such tool shall be deemed automatically incorporated into Attachment 3-B as of the date for completion of implementation set forth in DIR’s notification without requirement for an additional written amendment of this Agreement. If, after the Effective Date or the implementation of tools for new Critical Service LevelsKey Measurements, the Service Provider desires to use a different measuring tool for a Critical Service Leveltool, the Service Provider shall provide written notice to DIR, in which event the Parties will reasonably adjust the measurements as necessary to account for any increased or decreased sensitivity in the new measuring tools; provided that, if the Parties cannot agree on the required adjustment, the Service Provider will continue to use the measuring tool that had been initially agreed to by the Parties. It is not anticipated that changes in the measuring tools will drive changes in Service Levels; rather, the need to collect and accurately reflect the performance data should drive the development or change in performance monitoring tools. Service Provider will configure all measuring tools to create an auditable record of each user access to the tool and any actions taken with respect to the data measured by or residing within the tool. All proposed measuring tools must include functionality enabling such creation of an auditable record for all accesses to the tool.