Root-Cause Analysis and Resolution. Promptly, but in no event later than five (5) calendar days after ACS’ discovery of, or if earlier, ACS’ receipt of a notice from Symetra regarding, ACS’ failure to provide any of the Services in accordance with the SLRs, ACS shall, as applicable under the circumstances: (i) perform a Root-Cause Analysis to identify the cause of such failure; (ii) provide Symetra with a written report detailing the cause of, and procedure for correcting, such failure; and (iii) provide Symetra with satisfactory evidence that such failure will not recur. ACS’ correction of any such failures shall be performed in accordance with the time frames set forth in the applicable Schedule 2 entirely at ACS’ expense unless it has been determined, by mutual agreement of the Parties or through the Problem-resolution process specified in this Agreement, that: (iv) Symetra (or one of its subcontractors, agents or Third Parties provided by Symetra and not managed by ACS) and/or its self-managed properties and/or systems was the predominant contributing cause of the failure and ACS could not have worked around the failure without expending a material amount of additional time or cost; or (v) Third Party software or firmware directly resulted in such failure; provided that such Third Party software or firmware: (A) was expressly approved by Symetra; (B) was implemented by ACS following its standard, rigorous, documented interoperability testing, quality assurance, user acceptance and change management processes; (C) was unknown, undocumented and unreported prior to ACS’ implementation of such Third Party software or firmware; and (D) ACS could not have worked around the failure without expending a material amount of additional time or cost. In such event: (vi) ACS shall be entitled to temporary relief from its obligation to timely comply with the affected SLR, but only to the extent and for the duration so affected; and (vii) in the case of an event described in subsection (iv), Symetra shall reimburse ACS for ACS’ expenses to correct such failure, but only to the extent Symetra caused such failure, unless the Parties otherwise mutually agree. For purposes hereof, any preexisting condition of those of Symetra’s properties and systems that are used and managed by ACS to deliver the Services shall not be deemed a contributing cause of any failure if such condition was or reasonably should have been identified in ACS’ reasonable, pre-implementation diligence processes, or as a result of ACS’ p...
Root-Cause Analysis and Resolution. Within [***] days of receipt of a written notice from AMEX in respect of (1) Vendor's [***] failure to provide the Services or (2) Vendor's repeated failure to provide any of the Services in accordance with the Service Levels, Vendor shall (a) perform a root-cause analysis to identify the cause of such failure and (b) provide AMEX with a report detailing the cause of, and procedure for correcting, such failure. Within [***] days of receipt of such notice, Vendor shall (i) commence implementation of action to remedy such failure and (ii) provide AMEX with reasonable evidence that such failure will not reoccur. The effectiveness of such remedial action must be evident to AMEX within [***] days of its implementation. If the root-cause analysis shows that the failure was caused by AMEX, then Vendor shall not be in breach of this Agreement or liable to AMEX for performance credits as a result thereof.
Root-Cause Analysis and Resolution. Within ten (10) days (or as otherwise agreed to by the Parties in writing) of receipt of a notice from Gap of Supplier’s failure to provide the Services in accordance with the Service Levels, Supplier shall (a) provide such services necessary to identify the cause of such failure, (b) provide Gap with a written report detailing the cause of, and procedures for correcting, such failure, and (c) provide Gap with reasonable evidence that applicable corrective steps have been taken. The foregoing does not limit other remedies available to Gap under this Agreement for such Service Level failures.
Root-Cause Analysis and Resolution. Each of NDPS and/or GPI Canada and the Bank shall, promptly after:
(a) any material failure of either party to provide any of the Services in accordance with this Agreement; or
(b) a party's repeated failure to provide any of the Services in accordance with this Agreement; and in any event within three (3) days of receipt of a notice from a party to the other in respect thereof, commence an analysis to identify the cause of such failure; and as soon as commercially reasonable thereafter provide a report detailing the cause of, and procedure for correcting, such failure. In addition, the party responsible for the provision of the Service shall deliver to the other party within a commercially reasonable time a corrective action plan that addresses actions to be taken in an effort to try to avoid a recurrence of such failure.
Root-Cause Analysis and Resolution. Promptly, but in no event later than five (5) calendar days (unless otherwise agreed) after Service Provider’s discovery of, or if earlier, Service Provider’s receipt of a written notice or corrective action request from County regarding Service Provider’s failure to provide any of the Services in accordance with the Service Levels, Service Provider shall, as applicable under the circumstances: (i) perform a problem analysis process undertaken to identify and quantify the underlying cause(s) of a SLA failure or some other failure, and document the necessary corrective actions to be taken to prevent recurring problems and/or trends (a “Root Cause Analysis”) to identify the cause of such failure; (ii) provide County with a written report detailing the cause of, and procedure for correcting, such failure; and (iii) provide County with satisfactory evidence that such failure will not recur. The correction of any such failures shall be performed in accordance with the time frames set forth in the applicable Service Agreement and entirely at Service Provider’s expense unless it has been determined, by mutual agreement of the Parties or through the Dispute Resolution process specified in this Agreement, that County (or one of its other providers, agents or third party service providers) was the predominant contributing cause of the failure and Service Provider could not have worked around the failure without expending a material amount of additional time or cost. In such event: (iv) Service Provider shall be entitled to temporary relief from its obligation to timely comply with the affected SLA, but only to the extent and for the duration so affected; and (v) County shall reimburse Service Provider for Service Provider’s reasonable, direct and documented expenses to correct such failure, but only to the extent County caused such failure, unless the Parties otherwise mutually agree. For purposes hereof, the preexisting condition of County’s properties, systems, processes and methodologies shall not be deemed a contributing cause of any failures. The foregoing does not limit other remedies available to County under this Agreement for such Service Level failures.
Root-Cause Analysis and Resolution. As soon as reasonably practicable following any material failure of either the Joint Venture or the Bank to provide any of the Services for which such Party is responsible hereunder in accordance with this Agreement and in any event within three days after receipt of a notice from a Party to the other Party in respect thereof, the defaulting Party shall commence and conduct a detailed analysis to identify the cause of such failure; and as soon as reasonably practicable thereafter provide the other Party with a written report detailing the cause of, and procedure for correcting, such failure. In addition, the defaulting Party shall deliver to the other Party, within a commercially reasonable time, a corrective action plan that addresses actions to be taken in an effort to try to avoid a recurrence of such failure.
Root-Cause Analysis and Resolution. Promptly, and in no event later than five (5) days after Contractor’s discovery of, or, if earlier, Contractor’s receipt of a notice from the County regarding, (i) as specified in the Standards and Procedures Manual or otherwise as requested by the County, Contractor’s failure to provide any of the Services, (ii) Contractor’s failure to meet a Transition Milestone or Critical Milestone, or
Root-Cause Analysis and Resolution. Within ten (10) days (or as otherwise agreed to by the Parties in writing) of IBM’s failure to provide the Services in accordance with the Service Levels, IBM shall (a) perform root cause analysis to identify the cause of such failure, (b) provide VMU with a written report detailing the cause of, and procedures for correcting, such failure, (c) provide VMU with reasonable evidence that applicable corrective steps have been taken; and (d) provide VMU with assurance satisfactory to VMU that such failure will not recur after the procedure has been completed. The foregoing does not limit other remedies available to VMU or otherwise excuse IBM from its Service Level obligations under this Agreement for such Service Level failures.
Root-Cause Analysis and Resolution. Promptly, but in no event later than five (5) calendar days after the Contractor's discovery of, or if earlier, the Contractor's receipt of a notice from DSHS regarding, the Contractor's failure to provide any of the Services in accordance with the SLAs, or for the existence of an issue, the Contractor shall, as applicable under the circumstances:
(1) Perform a root-cause analysis to identify the cause of such failure/issue;
(2) Provide DSHS with a written report detailing the cause of, and procedure for correcting those failures/issues that are under the Contractor's control; and
(3) Provide DSHS with satisfactory evidence that the Contractor has taken or will take commercially reasonable remedial steps to ensure that such failure/issue will not recur to the extent under the Contractor's control. To the extent the cause of failures/issues are not under the Contractor's control, including without limitation, the scenarios described in Section 22(d)(i)-(iii) below, then the Contractor may suggest appropriate corrective measures to the extent commercially reasonable. The correction of any such failures/issues shall be performed in accordance with the time frames set forth by DSHS entirely at the Contractor's expense unless it has been determined, by mutual agreement of the parties or through the dispute resolution process specified in this Contract, that DSHS (or one of its subcontractors, agents or third parties provided by DSHS) was a direct contributing cause of the failure/issue and the Contractor could not have worked around the failure/issue without expending more than commercially reasonable efforts. In such event the Contractor shall be entitled to temporary relief from its obligation to comply with the affected SLA in a timely fashion, but only to the extent and for the duration so affected.
Root-Cause Analysis and Resolution. Not later than ten (10) days after the Supplier’s discovery of a failure, or the Supplier’s receipt of a notice from the Authority regarding the Supplier’s failure, to meet any of the Performance Requirements [including those with respect to the Managed Services], the Supplier shall conduct a reasonably comprehensive root-cause analysis to identify the cause of such failure. the Supplier shall correct any such failure (regardless of whether caused by the Supplier) and, in the case of a failure to provide any Performance Requirements, remedy such failure so as to conform with the Performance Requirements. If the findings of the root cause analysis determine that the Supplier was the sole or primary cause of the failure, the root cause analysis will be performed at the Supplier’s expense. Subject to Section 3.5.3 and 3.5.5 hereof, and without limiting any other right or remedy available to the Authority in connection with such breach subject to this Agreement, the Supplier shall pay and assume all costs and expenses of remedying and correcting any such breach or failure to the extent attributable to the Supplier. Without limiting Section 3.5, the Authority shall pay such remedial and correctional costs and expenses in the event, and to the extent, that the Authority or any Vendor has caused or contributed to the occurrence of the relevant breach or failure.
