Common use of Performance and Service Levels Clause in Contracts

Performance and Service Levels. The Operator will provide the Services so as to achieve or exceed the Service Levels. Subject always to the Authority's rights of termination in Clause 38 and any other rights which do not constitute a financial remedy, where the Authority (at its discretion) elects that a Service Credit is payable (and has been paid) for a service failure, such Service Credit will be the Authority's sole financial remedy in respect of such failure to achieve the relevant Service Level(s).