SERIOUS UNDERPERFORMANCE Clause Samples
SERIOUS UNDERPERFORMANCE. The Authority shall have the right to terminate the Agreement in accordance with Clause 38.1.3 as a Deemed Material Default if:
7.1.1 the Operator incurs more than 24 Service Credits calculated over any 3 consecutive Measurement Periods; or
7.1.2 a Critical Service has been unavailable for more than 24 hours; or
7.1.3 the following high availability Critical Services ("High Availability Critical Services") have been unavailable twice or more for more than 6 hours in any Operational Week:
(a) Submit and lodge energy document
(b) Retrieve and view Energy Documents and Energy Model Input Data (c) Lookup of Energy Assessor
SERIOUS UNDERPERFORMANCE. The Authority shall have the right to terminate the Agreement in accordance with Clause 38.1.3 as a Deemed Material Default if:
7.1.1 the Operator incurs more than 24 Service Credits calculated over any 3 consecutive Measurement Periods; or
7.1.2 a Critical Service has been unavailable for more than 24 hours; or
7.1.3 the following high availability Critical Services ("High Availability Critical Services") have been unavailable twice or more for more than 6 hours in any Operational Week:
(a) Home Condition Report Registration
(b) Retrieve Home Condition Report
(c) Search Home Inspector Register Index
(d) Lookup Property Unique Property Reference Number
(e) Validate Property Unique Property Reference Number
SERIOUS UNDERPERFORMANCE. The Authority shall have the right to terminate the Agreement in accordance with Clause 38.1.3 as a Deemed Material Default if:
7.1.1 the Operator incurs more than 24 Service Credits calculated over any 3 consecutive Measurement Periods; or
7.1.2 a Critical Service has been unavailable for more than 24 hours; or
7.1.3 the following high availability Critical Services ("High Availability Critical Services") have been unavailable twice or more for more than 6 hours in any Operational Week:
(a) Submit and lodge energy document and Energy Model Input Data
(b) Retrieve and view Energy Documents and Energy Model Input Data
(c) Lookup of Energy Assessor
(d) Request Unique Property Reference Number
(e) Validate Property Unique Property Reference Number
(f) Provide Welsh language translations of all public facing Non Domestic Register web pages and Energy Document PDFs
(g) Access to the Non Domestic Register for enforcement officers
(h) Generate Energy Document PDF at point of retrieval
SERIOUS UNDERPERFORMANCE. The Authority shall have the right to terminate the Agreement in accordance with Clause 38.1.3 as a Deemed Material Default if:
7.1.1 the Operator incurs more than 24 Service Credits calculated over any 3 consecutive Measurement Periods; or
7.1.2 a Critical Service has been unavailable for more than 24 hours; or
7.1.3 the following high availability Critical Services ("High Availability Critical Services") have been unavailable twice or more for more than 6 hours in any Operational Week:
(a) Energy Performance Certificate and Energy Model Input Data Registration
(b) Retrieve Energy Performance Certificate
(c) Search Energy Assessor Register Index (d) Lookup Property Unique Property Reference Number