Parity and Performance Sample Clauses
The 'Parity and Performance' clause establishes requirements to ensure that the parties involved maintain equivalent standards and levels of service or output. In practice, this clause may require one party to provide goods or services that are at least equal in quality, efficiency, or effectiveness to those provided to other clients or in similar agreements. For example, a supplier might be obligated to deliver products to a buyer that are on par with those supplied to its best customers. The core function of this clause is to prevent discrimination or substandard performance, thereby ensuring fairness and consistency in the contractual relationship.
Parity and Performance. 4.1 When Knology purchases, orders or obtains any telecommunications services for resale, from BellSouth, BellSouth warrants, covenants and represents that it shall provide said Services to Knology on a nondiscriminatory basis so that the Services are at least equal in quality, subject to the same conditions, and provided within the same provisioning time intervals that BellSouth provides to itself, to its Affiliates, Subsidiaries, to any other telecommunications carrier or to any BellSouth End Users. BellSouth further warrants, covenants and represents that to the extent technically feasible, the quality of any Network Element prescribed to be unbundled by the FCC, as well as the quality of the access to such Network Element provided by BellSouth to Knology shall be at least equal in quality to that which BellSouth provides to itself. The quality of the BellSouth supplied interconnection between the networks of BellSouth and the network of Knology shall be at a level that is equal to that which BellSouth provides itself, a subsidiary, an Affiliate, or any other Party. The interconnection facilities shall be designed to meet the same technical criteria and service standards that are used within BellSouth’s network and shall extend to a consideration of service quality as perceived by end users and service quality as perceived by BellSouth.
4.2 BellSouth warrants, covenants and represents that at all times the Service(s), and each of them, will be provided and will operate, consistent with the criterion set forth in (i) this Agreement, (ii) any applicable BellSouth tariffs if dealing with resold services and (iii) as established by the Commission.
Parity and Performance. 4.1 When Knology purchases, orders or obtains any telecommunications services for resale pursuant to Attachment 1 from BellSouth, BellSouth shall provide said services to Knology on a nondiscriminatory basis so that the services are at least equal in quality, subject to the same conditions, and provided within the same provisioning time intervals that BellSouth provides to itself, to its Affiliates, Subsidiaries, to any other telecommunications carrier or to any BellSouth End Users. To the extent technically feasible, BellSouth shall ensure that the quality of any Network Element prescribed to be unbundled by the FCC, as well as the quality of the access to such Network Element provided by BellSouth to Knology shall be at least equal in quality to that which BellSouth provides to itself. The quality of the BellSouth supplied interconnection between the networks of BellSouth and the network of Knology shall be at a level that is equal to that which BellSouth provides itself, a subsidiary, an Affiliate, or any other Party. The interconnection facilities shall be designed to meet the same technical criteria and service standards that are used within BellSouth’s network and shall extend to a consideration of service quality as perceived by end users and service quality as perceived by BellSouth.
4.2 The services shall be provided and each of the services under this Agreement will be provided and will operate, consistent with the criteria set forth in (i) this Agreement, (ii) any applicable BellSouth tariffs if dealing with resold services and (iii) as established by the Commission.