Monthly Rights and Remedies Sample Clauses

Monthly Rights and Remedies. (Applicable to SLAs that require accumulation of statistics over a period of time or multiple trouble tickets e.g., availability. Note: the Off Ramp process is included in this component.) The SLAs in the Administrative category shall each consist of the following components: tools, reports and applications, objective(s), measurement process, DTS/STND rights and remedies, and Customer rights and remedies. Administrative Tools, Reports and Applications SLA Name [List of all applicable tools, reports and application] Definition [Define or describe the SLA] Measurement Process [Instruct how to measure or derive the objectives] Objective (s) [Define Contractor program performance objectives] DTS/STND Rights and Remedies [Identifies actions to be taken by DTS/STND or rebates from Contractor when the objectives are not met] Customer Rights and Remedies [Identifies actions to be taken by the Customers or rebates from Contractor when the objectives are not met] Xxxxxx understands the Requirement and shall meet or exceed it? Yes X No Reference: document location page paragraph AT&T understands the terminology and definitions supplied in this section. We appreciate the State’s desire to include Service Level Agreements (SLA) for CALNET II. In CALNET, AT&T provides the State with leading edge Service Level Agreements. In fact, as a part of CALNET, AT&T with DTS/STND negotiated new, even more stringent SLAs for data services. We believe that many of the SLAs outlined in CALNET II are reasonable, but believe that many of the incremental changes in billing, tools, reports, and capabilities requirements are in direct opposition to one of the State’s stated primary goals—obtaining quality service at a lower cost. One example of this is the two-tier service approach. AT&T believes that a two-tier approach will be more expensive to implement and manage for both the State and AT&T. The cost to order, provision, maintain, and report on multiple tiers will make the cost of the service more expensive to the end users. As an alternative, we plan to offer all services under a single tier that will meet the higher availability SLA. Our California Major Accounts Center (CMAC) currently manages and tracks the SLA process, and will continue these procedures for CALNET II. Within the CMAC, AT&T has a dedicated SLA manager in place today who calculates the SLA rebates and provides required reports and information. Our dedicated SLA manager will continue to conduct regular meetings with...
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Monthly Rights and Remedies. Inside Wiring Contracted Service Project Work – Section 6.1.9 - Monthly Average percent by Service Type: The entire installation fee refunded to Customer for all orders that did not complete on time during the month Integrated Services Digital Network (ISDN) if the monthly average objective is not met. N/A Basic Rate ISDN (BRI) Data BRI, only Voice and Data BRI 1 Day BRI, if site work required 3 Days Expedite 10 Days XX Days Primary Rate ISDN (PRI) 10 Days Expedite XX Days Interactive Voice Response (IVR) Contracted Service Project Work – Section 6.1.9 Intra-LATA Calling 1 Days Gigabit Ethernet Metropolitan Area Network (MAN) Contracted Service Project Work – Section 6.1.9
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Monthly Rights and Remedies. 20% of the recurring monthly system maintenance fee or the projected monthly system maintenance fee of the affective PSAP if the monthly objective is not met. Each successive month that the monthly objective is not met will result in an increase in the remedy of an additional 20% over the previous month, not to exceed 60%. Additionally, if the Contractor fails to achieve the up-time objective three (3) months in a row or five (5) months in any 12 month period, the PSAP may terminate the maintenance agreement with 30 calendar days’ notice and engage the services of an alternative Contractor with no early termination charges to the State or the PSAP. California Governor’s Office of Emergency Services 9-1-1 CPE Systems Vesta Solutions, Inc, Agreement #4151-6
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Monthly Rights and Remedies. 10 percent of TMRC (includes router and port) per monthly occurrence for the reported circuit. Service Site-to-Site Jitter– AVPN Managed Router AVPN Managed Router AVPN* * This SLA applies to AVPN transport service only when combined with the AVPN Managed Router Service Definition Site-to-Site (XX-XX) Jitter refers to the variation in packet transit delay between Qualifying Sites in a Qualifying Pair and is measured from the managed router at one Site to the managed router at the other Site in a Qualifying Pair. This SLA is available only for CoS1 on Ports at speeds of 768k and higher. The performance objectives for site-to-site jitter are set based on the following factors: class of service (CoS1 only), the bandwidth per logical channel at each site, and the countries of origin and destination of the Qualifying Pair. The performance objectives are subject to change if the bandwidth changes at either customer edge router in the Qualifying Pair. To be eligible for and initiate a credit, the Customer must open a trouble ticket via Business Direct E-Maintenance. The site-to-site measurements are continuously compiled using the Cisco IOS IP SLA (formerly SAA) feature on the Managed Routers. The results are reported via Business Direct. In the network configuration process, the customer selects the site pairs for reporting. The number of site pairs is limited by two factors. One, a limit of 20 probes per sender and 800 probes per receiver. Second, the probe traffic must be considered in the overall design. Only COS common to the specific site pairs are measured. These designs will be determined in pre- implementation technical meetings once orders are placed. Measurement Process Site-to-Site Data Jitter is measured and reported in the Business Direct portal under AVPN Managed Site-to-Site Reports. Site-to-Site Jitter SLA is measured from the managed router at one Site to the managed router at the other Site in the Qualifying Pair for class of service (CoS1only). Validation of the first three (3) SLA claim requests for the same Qualified Site Pair during a six-month rolling period will be based on the “Average” column per the Site-to-Site Jitter Reports. Beginning with the fourth claim request, AT&T will base validation of the claim based on the “Adjusted” column per the Site-to-Site Data Jitter Reports. The metrics published in the 'Average' column account for all port utilization during the month. The metrics published in the 'Adjusted' column eliminate measur...
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Related to Monthly Rights and Remedies

  • Rights and Remedies Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

  • Default Rights and Remedies If an Event of Default exists, the Agent shall have the following rights and remedies: (a) In addition to all other rights and remedies granted to the Agent in this Agreement or in any other Loan Document or by applicable law, the Agent shall have all of the rights and remedies of a secured party under the UCC (whether or not the UCC applies to the affected Collateral). Without limiting the generality of the foregoing, the Agent may (A) without demand or notice to it, collect, receive or take possession of the Collateral or any part thereof and for that purpose the Agent may enter upon any premises on which the Collateral is located and remove the Collateral therefrom or render it inoperable, and/or (B) sell, lease or otherwise dispose of the Collateral, or any part thereof, in one or more parcels at public or private sale or sales, at the Agent's offices or elsewhere, for cash, on credit or for future delivery, and upon such other terms as the Agent may deem commercially reasonable or otherwise as may be permitted by law. The Agent shall have the right at any public sale or sales, and, to the extent permitted by applicable law, at any private sale or sales, to bid (which bid may be, in whole or in part, in the form of cancellation of indebtedness) and become a purchaser of the Collateral or any part thereof free of any right or equity of redemption on the part of the Debtor, which right or equity of redemption is hereby expressly waived and released by the Debtor. Upon the request of the Agent, the Debtor shall assemble the Collateral and make it available to the Agent at anyplace designated by the Agent that is reasonably convenient to it and the Agent. The Debtor agrees that the Agent shall not be obligated to give more than ten (10) days prior written notice of the time and place of any public sale or of the time after which any private sale may take place and that such notice shall constitute reasonable notice of such matters. The Agent shall not be obligated to make any sale of Collateral if it shall determine not to do so, regardless of the fact that notice of sale of Collateral may have been given. The Agent may, without notice or publication, adjourn any public or private sale or cause the same to be adjourned from time to time by announcement at the time and place fixed for sale, and such sale may, without further notice, be made at the time and place to which the same was so adjourned. The Debtor shall be liable for all reasonable expenses of retaking, holding, preparing for sale or the like, and all reasonable attorneys' fees, legal expenses and other costs and expenses incurred by the Agent in connection with the collection of the Obligations and the enforcement of the Agent's rights under this Agreement. The Debtor shall remain liable for any deficiency if the Proceeds of any sale or other disposition of the Collateral applied to the Obligations are insufficient to pay the Obligations in full to the extent provided in the Loan Documents. The Agent may apply the Collateral against the Obligations as provided in the Credit Agreement. The Debtor waives all rights of marshalling, valuation and appraisal in respect of the Collateral. Any cash held by the Agent as Collateral and all cash proceeds received by the Agent in respect of any sale of, collection from or other realization upon all or any part of the Collateral may, in the discretion of the Agent, be held by the Agent as collateral for, and then or at any time thereafter applied in whole or in part by the Agent against, the Obligations in the order permitted by the Credit Agreement. Any surplus of such cash or cash proceeds and interest accrued thereon, if any, held by the Agent and remaining after payment in full of all the Obligations shall be promptly paid over to the Debtor or to whomsoever may be lawfully entitled to receive such surplus; provided that the Agent shall have no obligation to invest or otherwise pay interest on any amounts held by it in connection with or pursuant to this Agreement. (b) The Agent may cause any or all of the Collateral held by it to be transferred into the name of the Agent or the name or names of the Agent's nominee or nominees. (c) The Agent may exercise any and all of the rights and remedies of the Debtor under or in respect of the Collateral, including, without limitation, any and all rights of it to demand or otherwise require payment of any amount under, or performance of any provision of, any of the Collateral. (d) The Agent may collect or receive all money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so. (e) On any sale of the Collateral, the Agent is hereby authorized to comply with any limitation or restriction with which compliance is necessary, in the view of the Agent's counsel, in order to avoid any violation of applicable law or in order to obtain any required approval of the purchaser or purchasers by any applicable Governmental Authority.

  • Banks Rights and Remedies 8.1 Upon the occurrence of an Event of Default by Borrower under this Agreement, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower: a. Declare Borrower's Obligations, whether evidenced by this Agreement, installment notes, demand notes or otherwise, immediately due and payable to the Bank;

  • Additional Rights and Remedies The rights and remedies provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

  • Other Rights and Remedies Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform Commercial Code, as may be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise.

  • Cumulative Rights and Remedies The rights and remedies provided in this Agreement and all other rights and remedies available to either Party at law or in equity are, to the extent permitted by law, cumulative and not exclusive of any other right or remedy now or hereafter available at law or in equity. Neither asserting a right nor employing a remedy shall preclude the concurrent assertion of any other right or employment of any other remedy, nor shall the failure to assert any right or remedy constitute a waiver of that right or remedy.

  • Restoration of Rights and Remedies If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.

  • Lenders Rights and Remedies (a) Upon the occurrence and continuation of an Event of Default (as defined in the Note), the Lender may exercise in respect of the Collateral, in addition to any and all other rights and remedies provided for herein or otherwise available to it under applicable law, all the rights and remedies of a secured party on default under applicable law, including, but not limited to, the UCC in effect at the time, and the Lender may also, without notice except as specified below, sell the Collateral or any part thereof in one or more parcels at public or private sale, at any exchange, broker’s board or at Lender’s principal office or elsewhere, for cash, on credit or for future delivery, and at such price or prices and upon such other terms as the Lender may deem commercially reasonable. The Lender may require the Company to assemble the Collateral and deliver it to a place designated by the Lender. The Lender may proceed to sell or otherwise dispose of the Collateral at public or private sale for cash or credit; provided, however, that the Company shall be credited with proceeds of such sale only when the proceeds are actually received by the Lender. The Company agrees that, to the extent notice of sale shall be required by law, at least 10 days’ notice to the Company at the time and place of any public sale or the time after which any private sale is to be made shall constitute reasonable notification. The Lender shall not be obligated to make any sale of Collateral regardless of any notice of sale having been given. The Lender may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor and such sale, without further notice, may be made at the time and place to which it was so adjourned. (b) Any cash held by the Lender as Collateral and all cash proceeds by Lender in respect of any sale of, collection from, other realization upon all or any part of the Collateral may, in the sole and arbitrary discretion of the Lender, shall be held by the Lender as Collateral for, and/or then or at any time thereafter applied in whole or in part by the Lender against, all or any part of the expenses and costs to exercise by the Lender of its rights hereunder, and to the Obligations then remaining unpaid as the Lender shall elect. Any surplus of such cash or cash proceeds held by the Lender and remaining after payment in full of the Obligations shall be paid over to the Company or to whomsoever may be lawfully entitled to receive such surplus. (c) All provisions contained herein pertaining to Lender’s remedies shall be and are severable and cumulative.

  • Waivers, Rights and Remedies Except as expressly provided in this Agreement, no failure or delay by any Party in exercising any right or remedy relating to this Agreement shall affect or operate as a waiver or variation of that right or remedy or preclude its exercise at any subsequent time. No single or partial exercise of any such right or remedy shall preclude any further exercise of it or the exercise of any other remedy.

  • Grants, Rights and Remedies This IP Security Agreement has been entered into in conjunction with the provisions of the Security Agreement. Each Grantor does hereby acknowledge and confirm that the grant of the security interest hereunder to, and the rights and remedies of, the Collateral Agent with respect to the Collateral are more fully set forth in the Security Agreement, the terms and provisions of which are incorporated herein by reference as if fully set forth herein.

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