PERFORMANCE AND TARGET RESOLUTION Clause Samples

PERFORMANCE AND TARGET RESOLUTION. 6.1 The MSM Supplier shall not be responsible for failure to perform nor to achieve Target Resolution time where the Customer does not comply with its responsibilities under the Software Implementation Agreement and in particular under Clause 3 and specifically resulting from: 6.1.1 the Customer’s unreasonable refusal or failure to carry out remedial or scheduled action previously recommended by the MSM Supplier in response to a software incident. 6.1.2 use of the Software by the Customer at a release level that is not in accordance with the Support policy described in Clause 8. 6.1.3 modifications, alterations or use that is not in accordance with the Software Licence granted.