Service Delivery Failure. Service Provider recognizes that DIR is paying Service Provider to deliver the Services and that the failure to deliver the Services may not be reflected in Service Levels. If Service Provider fails to implement the SD Corrective Action Plan in the specified timetable, or if after the implementation of the SD Corrective Action Plan performance has not consistently improved as more particularly described in Exhibit 3, then, in addition to other remedies available to DIR, Service Provider shall pay or credit to DIR the CAP Failure Credit specified in Exhibit 3 in recognition of the diminished value of the Services resulting from Service Provider's failure to meet the agreed upon level of performance, and not as a penalty.
Appears in 6 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
