Service Level Defaults. 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. If Provider suffers Service Level Defaults in [***], in respect of which the Uptime during each such month was less than [***].
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. “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 RCSI as to the status of remedial efforts undertaken to cure such problem. Additionally, First Data shall propose and deliver to RCSI, within thirty (30) days following each material Service Level Default, a written plan (acceptable to RCSI) for prevention of future failures (“Service Level Plan”).
Service Level Defaults. Credits.
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.
5.1 SERVICE LEVELS
I. SERVICE LEVEL: SYSTEM AVAILABILITY.
Service Level Defaults. (a) Each of the following circumstances shall constitute a Service Level Default unless excused under Section 3.8:
(i) if the Service Level is not met or exceeded for any Measurement Period;
(ii) if IBM fails to properly monitor or measure performance with respect to the Service Level for any Measurement Period; or
(iii) if IBM fails to timely report its actual performance against the Service Level and such failure to report impacts the timeliness of receipt by Equifax of a Service Level Credit that is owed to Equifax by IBM.
(b) In the event of a Service Level Default, IBM shall perform a root cause analysis to determine the source of the default and provide Equifax with relevant information as to the cause of the default. To the extent such analysis reveals that the default was caused by circumstances under IBM’s control, IBM shall: (i) advise Equifax of feasible remedial efforts; (ii) take steps to minimize the adverse effects of the default and any continuing problems; and (iii) institute measures to prevent or minimize the potential of recurrences. The foregoing shall not limit IBM’s obligations with respect to Incident Management and Problem Management under Schedule A.
(c) In the event of a * Default, Equifax may elect to receive a monetary credit in an amount determined under Section 4.3 (each, a “Service Credit”; collectively, the “Service Credits”). The Parties agree that the Service Credits are a fair estimate of the damages that the Equifax Group will incur for each event for which a Service Credit is granted in the Agreement, that the actual damages incurred by the Equifax Group in each such event would be difficult and costly to determine, and that the Service Credits are liquidated damages awarded in lieu of actual damages incurred by the Equifax Group. The Parties agree that the Service Credits are not penalties and are the sole and exclusive monetary remedy of Equifax with respect to the incident or event with respect to which such Service Credits are paid or credited by IBM to Equifax. However, the preceding sentence shall not be construed to limit Equifax’s rights with respect to the events upon which Equifax may rely as a basis for Equifax’s termination of the Agreement for cause or to seek damages in connection with Equifax’s termination of the Agreement for cause. If Equifax seeks to recover damages in connection with Equifax’s termination of the Agreement (in whole or *Information omitted pursuant to a confidential treatment request ...
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”).
(b) First Data recognizes that a Critical Service Level Default may have a material adverse impact on the business and operations of RFS and that the damage from such Critical Service Level Default is not susceptible to precise determination. Accordingly, in the event of a Critical Service Level Default for reasons other than those provided in Section 4.3, RFS may *** in lieu of pursuing other monetary remedies to recover as its sole and exclusive monetary remedy for such Critical Service Level Default, a credit calculated pursuant to Section 4.5 as liquidated damages (each such credit, a “Service Level Credit”); or ***. Neither this Section 4.4(b) nor any *** hereunder shall limit RFS’ rights with respect to the events upon which RFS may rely as a basis for RFS’ termination of the Agreement or the Production Services Tower for cause.
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.
