PERFORMANCE DEFAULT CAUSED BY MIS Sample Clauses

PERFORMANCE DEFAULT CAUSED BY MIS. During the first 12 months of the term of this Agreement, any failure by PBHC to perform at or above the applicable Performance Standard that is directly the result of a malfunction or other performance limitation (a "MIS MALFUNCTION") of PBHC's management information system (the "MIS") which malfunction or performance limitation is inherent in the MIS as of the date hereof and is not the result of capacity limitations caused by the addition of customers or members after the date hereof or material system changes made after the date hereof, shall not be considered a breach of such Performance Standard; provided, that PBHC promptly (i) notifies PHC in writing that such a failure has occurred that is directly the result of a MIS Malfunction and (ii) develops and implements a plan of correction for the MIS that is reasonably acceptable to PHC and that will bring about correction of the MIS Malfunction within a period of time reasonably acceptable to PHC. Subject to SECTION 15.3, any disagreement between PHC and PBHC as to whether a failure by PBHC to perform at or above the applicable Performance Standard is directly the result of a MIS Malfunction shall be submitted to arbitration in accordance with SECTION 14.1.