Service Level Defaults. If Provider suffers Service Level Defaults in [***], in respect of which the Uptime during each such month was less than [***].
Service Level Defaults. 7.3 Supplier shall notify the UBS Contract Manager without delay on becoming aware of any Service Level Defaults. Supplier shall promptly investigate the causes of the Service Level Default.
Service Level Defaults. (a) First Data shall promptly perform a Root Cause Analysis (i) following any material change in performance of any Service Level, (ii) whenever performance trends dictate same ***, (iii) whenever there occurs any material Service Level Default, or (iv) as otherwise reasonably requested by RCSI. “
Service Level Defaults. Credits. The SLA credits are calculated as a % of the Monthly Charge owed by Company for the month during which the Service Level Default occurs. Where Prevalent fails to attain the 99.8% service level, rather than the Service Credit set forth above Subscriber may elect to demand a pro-rata refund based upon the number of days outside of the Service the 99.8% service level and the refund will be determined on a pro rata basis using the annual Service Subscription fee stated in the Prevalent sales Quote. The refund will be paid at the end of the calendar quarter; this represents Prevalent’s sole liability for that Service level breach and Subscriber’s sole remedy.
Service Level Defaults. Credits. Provider recognizes that a Service Level Default may have a material adverse impact on the business and operations of Company and that the damage from such Service Level Default is not susceptible to precise determination. Accordingly, if Provider fails to meet any Service Level for reasons other than a Force Majeure Event, then, Company may as an exclusive remedy recover a corresponding Service Level credit in the amount of 5% for the 1st month’s failure; 10% if two (2) consecutive months or two (2) out of any three (3) contiguous months; 15% for more than three (3) consecutive month’s failure to achieve the SLA performance metrics. If provider fails to meet and Service Level for four consecutive months, Company shall have the right to terminate the agreement and receive a pro-rata refund of any pre-paid fees.The SLA credits are calculated as a % of the Monthly Charge owed by Company for the month during which the Service Level Default occurs. Where Prevalent fails to attain the 99.8% service level, rather than the Service Credit set forth above Subscriber may elect to demand a pro-rata refund based upon the number of days outside of the Service the 99.8% service level and the refund will be determined on a pro rata basis using the annual Service Subscription fee stated in the Prevalent sales Quote. The refund will be paid at the end of the calendar quarter; this represents Prevalent’s sole liability for that Service level breach and Subscriber’s sole remedy.
Service Level Defaults. (a) Each of the following circumstances shall constitute a Service Level Default unless excused under Section 3.8:
Service Level Defaults. (a) First Data shall promptly perform a Root Cause Analysis (i) following any material change in performance of any Service Level, (ii) whenever performance trends dictate the same ***, (iii) whenever there occurs any material Service Level Default, or (iv) as otherwise reasonably requested by RFS. Root Cause Analysis shall include: (A) prompt investigation and reporting as to the root causes of the problem; (B) prompt correction of the problem; and (C) regular advice to RFS as to the status of remedial efforts undertaken to cure such problem. Additionally, First Data shall propose and deliver to RFS, within thirty (30) days following each material Service Level Default, a written plan (acceptable to RFS) for prevention of future failures (“Service Level Plan”).
Service Level Defaults. (a) Schedule A-3.1 sets forth the information required to calculate Service Level Credits that Supplier shall apply against monthly Charges in the event of a Critical Service Level Default and such failure is not excused pursuant to Section 9.3.
Service Level Defaults. If a Service Level Default occurs, the Company will promptly give CFH notice to that effect in accordance with clause 6.3(b)(ii) of the Base Agreement.
Service Level Defaults. Service Level Defaults shall be addressed by the Parties as set forth in Exhibit 3. 7.4
