NETWORK STANDARDS OF PERFORMANCE Sample Clauses

NETWORK STANDARDS OF PERFORMANCE. Supplier agrees to use reasonable efforts to provide Customer with uninterrupted Services for the duration of the Agreement. Customer shall immediately notify Supplier of any problems or end-user complaints with the Services. The liability of Supplier for damages for mistakes, omissions, interruptions, delays, errors or defects in transmission ("Failure of Performance") occurring in the furnishing of Services hereunder, or arising in any way out of this Agreement, shall be limited to not charging Customer for any Services which Supplier has failed to provide, or that were the subject of the Failure of Performance. In the event of a Failure of Performance, Supplier shall use its reasonable efforts to correct such failure as soon as reasonably practicable after Supplier is notified of such failure. Facility and port performance will be measured using three parameters: availability: latency: and packet loss: Availability is a measure of the relative amount of time the service is available to the Customer for use. The objective for all services is to provide performance at 99.999% over a consecutive 30-day period. Latency is measured as time. Latency required for a packet to travel round trip between Supplier POPs will average less than 75ms. Packet loss is measured as the percentage of 64 byte packets lost after 100 trials during a one-month period between Supplier POPs. Packet loss will be less than 0.5% for traffic between Supplier POPs. Customer acknowledges that Supplier may need to perform routine maintenance as well as Emergency Maintenance and Repair as defined above, which will not be considered for overall measurement of standards of performance. SERVICE INTERRUPTION: In the event of an interruption of service, Customer shall be entitled to a credit determined according to the following table for each effected segment: Length of Interruption: Class A Credit Amount: Class B Credit Amount: Class C Credit Amount: 2 - < 4 hours 10% of MRC 5% of MRC 1% of MRC 4 - < 8 hours 25% of MRC 15% of MRC 5% of MRC 8 - < 12 hours 50% of MRC 25% of MRC 10% of MRC > 12 hours 100% of MRC 50% of MRC 25% of MRC > 24 hours 100% of MRC 100% of MRC 50% of MRC > 48 hours 100% of MRC 100% of MRC 100% of MRC The length of the interruption shall be measured in hours and fractional portions thereof. Each interruption shall be deemed to terminate upon restoration of the affected Services as evidenced by appropriate network test by Supplier, and Supplier’s notification to Customer...
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NETWORK STANDARDS OF PERFORMANCE. (a) NITCO agrees to use reasonable efforts to provide Customer with uninterrupted Services for the duration of the Agreement. Customer shall immediately notify NITCO of any problems or end-user complaints with the Services. The liability of NITCO for damages for mistakes, omissions, interruptions, delays, errors or defects in transmission (“Failure of Performance”) occurring in the furnishing of Services hereunder, or arising in any way out of this Agreement, shall be limited to not charging Customer for any Services which NITCO has failed to provide, or that were the subject of the Failure of Performance. In the event of a Failure of Performance, NITCO shall use its reasonable efforts to correct such failure as soon as reasonably practicable after NITCO is notified of such failure.
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NETWORK STANDARDS OF PERFORMANCE. MNWT agrees to utilize industry standard practices to provide SCH with uninterrupted Services for the duration of the Agreement. SCH shall immediately notify MNWT of any problems with the Services. The liability of MNWT for damages for mistakes, omissions, interruptions, delays, errors or defects in transmission (“Failure of Performance”) occurring in the furnishing of Services hereunder, or arising in any way out of this Agreement, shall be limited to not charging SCH for any Services which MNWT has failed to provide, or that were the subject of the Failure of Performance. In the event of a Failure of Performance, MNWT shall use its reasonable efforts to correct such failure as soon as reasonably practicable after MNWT is notified of such failure.
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Related to NETWORK STANDARDS OF PERFORMANCE

  • Standards of Performance A. The standard of care for all professional and related services performed or furnished by Contractor under this Agreement will be the care and skill ordinarily used by members of Contractor’s profession practicing under similar conditions and circumstances and in a similar locality.

  • Timeliness of Performance Contractor must provide the Services and Deliverables within the term and within the time limits required under this Contract, pursuant to Detailed Specifications or as specified in the applicable Task Order or Purchase Order. Further, Contractor acknowledges that TIME IS OF THE ESSENCE and that the failure of Contractor to comply with the time limits may result in economic or other losses to the City. Neither Contractor nor its agents, employees or Subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

  • Monitoring of Performance Vendor shall continuously monitor and record its performance to ensure that all of Vendor's responsibilities and obligations hereunder are being met and fulfilled. Citizens may conduct programmatic and other administrative contract monitoring during the term of this Agreement. The purpose of this monitoring is to ensure that all of Vendor's responsibilities and obligations are being met and fulfilled. Such monitoring may include on-site visits, report reviews, invoice reviews, compliance reviews, and a review of any other areas reasonably necessary. Vendor acknowledges and agrees that Citizens may also monitor and record Vendor Staff communications to the extent they occur within or are connected to any Citizens’ resource, such as electronic or telecommunications systems.

  • Standard of Performance Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement.

  • Review of Performance The Board of Directors shall periodically review and evaluate the performance of Employee under this Employment Agreement with Employee.

  • EXCUSE OF PERFORMANCE Seller shall not be liable for delays in performance or for non-performance due to failure or interruption of computer or telecommunication systems, acts of God, war, riot, fire, terrorism, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or other unforeseen circumstances or causes beyond Seller's reasonable control. In the event of such delay, the time for performance or delivery shall be extended by a period of time reasonably necessary to overcome the effect of the delay.

  • Standard and Manner of Performance Contractor shall perform its obligations under this Agreement in accordance with the highest standards of care, skill and diligence in Contractor’s industry, trade, or profession. Not Exclusive. Contractor is not guaranteed any work except as expressly stated herein, and this Agreement does not create an exclusive contract for the Work.

  • Evaluation of Performance School, in conjunction with Company personnel, is responsible for and shall make arrangements for evaluating Student’s performance during the clinical program.

  • Continuity of Performance In the event of a dispute between the Party and the State, each party will continue to perform its obligations under this Agreement during the resolution of the dispute until this Agreement is terminated in accordance with its terms.

  • Time of Performance Time for performance of the Scope of Services under this Agreement shall begin with receipt of the Notice to Proceed and end no later than December 31, 2026. Consultant shall complete the tasks described in the Scope of Services, within this time or within such additional time as may be extended by the County.

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