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 Service Level Agreement Format: 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 Description: 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 dedicate...
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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 Services Business Days Provisioning 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
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...
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

Related to Monthly Rights and Remedies

  • Rights and Remedies When an Event of Default occurs and continues Bank may, without notice or demand, do any or all of the following:

  • 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.

  • Buyer’s Rights and Remedies If at any time an Event of Default with respect to Seller has occurred and is continuing, then, unless the Seller has paid in full all of its obligations that are then due, including those under Section 7.2(c) of this Agreement (“Obligations”), the Buyer may exercise one or more of the following rights and remedies: (i) all rights and remedies available to a Secured Party under applicable law with respect to posted Eligible Collateral held by the Buyer, (ii) the right to set-off any amounts payable by the Seller with respect to any Obligations against any posted Eligible Collateral or the Cash equivalent of any posted Eligible Collateral held by the Buyer, or (iii) the right to liquidate any posted Eligible Collateral held by the Buyer and to apply the proceeds of such liquidation of the posted Eligible Collateral to any amounts payable to the Buyer with respect to the Obligations in such order as the Buyer may elect. For purposes of this Paragraph 6, the Buyer may draw on the entire undrawn portion of any Letter of Credit. Cash proceeds that are not applied to the Obligations shall be maintained in accordance with the terms of this CSA. The Seller shall remain liable for amounts due and owing to the Secured Party that remain unpaid after the application, pursuant to this Paragraph 6, of Eligible Collateral to the Obligations.

  • NO WAIVER, RIGHTS AND REMEDIES No failure on the part of the Administrative Agent or any Secured Party or any assignee of any Secured Party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

  • Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

  • When Rights and Remedies Not Waived In no event shall the making by Triumph of any payment to Grantee constitute or be construed as a waiver by Triumph of any breach of covenant or any default which may then exist, on the part of Grantee, and the making of such payment by Triumph while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to Triumph with respect to such breach or default.

  • Waiver and Remedies The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

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