SERVICE LEVEL DOCUMENTS. The Companies, Accounts and the Accounting Agent may from time to time, in good faith, agree on certain performance measures by which the Accounting Agent is expected to provide the Services (“Service Level Documents”). The Service Level Documents are designed to provide metrics and other information which may be utilized by the parties to help measure performance. The parties agree that, except as outlined in the immediately following paragraph as it relates to Critical Services, Service Level Documents reflect performance goals, and that any failure to perform in accordance with the provisions thereof may not by itself constitute a breach of the standard of care under this Agreement that gives rise to contractual or other remedies but may under relevant circumstances be a factor in assessing whether Accounting Agent has met such standard of care. With respect to any existing or additional Service provided pursuant to this Agreement, Accounting Agent and the Companies and Accounts will mutually determine whether the associated Service will be designated as a Service or element of Service for which satisfactory performance by Accounting Agent is critical (a “Critical Service”). Accounting Agent’s performance with respect to any Service that will become a Critical Service will not be considered before the effective date of becoming a Critical Service for the purpose of determining termination events or rights hereunder.
SERVICE LEVEL DOCUMENTS. The Fund and the Custodian may from time to time, in good faith, agree on certain performance measures by which the Custodian is expected to provide the services contemplated by this Agreement ("SERVICE LEVEL DOCUMENTS"). The Service Level Documents are designed to provide metrics and other information which may be utilized by the parties to help measure performance. The parties agree Service Level Documents reflect performance measures as opposed to specific contractual obligations. Notwithstanding, the parties agree that (a) the Custodian's inability to achieve such performance measures may give rise to grounds for termination pursuant to Section 16; and (b) the Custodian's performance and/or non-performance of the services, separate and apart from the performance measures in the Service Level Documents, may give rise to any remedies in tort or contract that the Fund may assert against Custodian under the terms of this Agreement.
SERVICE LEVEL DOCUMENTS. The Fund and the Accounting Agent may from time to time, in good faith, agree on certain performance measures by which the Accounting Agent is expected to provide the services contemplated by this Agreement ("SERVICE LEVEL DOCUMENTS"). The Service Level Documents are designed to provide metrics and other information which may be utilized by the parties to help measure performance. The parties agree Service Level Documents reflect performance measures as opposed to specific contractual obligations. Notwithstanding, the parties agree that (a) the Accounting Agent's inability to achieve such performance measures may give rise to grounds for termination pursuant to Section 9 below; and (b) the Accounting Agent's performance and/or non-performance of the services, separate and apart from the performance measures in the Service Level Documents, may give rise to any remedies in tort or contract that the Fund may assert against Accounting Agent under the terms of this Agreement.
SERVICE LEVEL DOCUMENTS. The Administrator and the Sub-Administrator may from time to time, in good faith, agree on certain performance measures by which the Sub-Administrator is expected to provide the services contemplated by this Agreement (“Service Level Documents”). The Service Level Documents are designed to provide metrics and other information which may be utilized by the parties to help measure performance. The parties agree Service Level Documents reflect performance measures as opposed to specific contractual obligations, except as may be otherwise agreed to.
SERVICE LEVEL DOCUMENTS. The Administrator and Sub-Administrator may from time to time, in good faith, agree on certain performance measures by which the Sub-Administrator is expected to provide the Services (“Service Level Documents”). The Service Level Documents are designed to provide metrics and other information which may be utilized by the parties to help measure performance. The parties agree that, except as outlined in the immediately following paragraph as it relates to Critical Services, Service Level Documents reflect performance goals, and that any failure to perform in accordance with the provisions thereof may not by itself constitute a breach of the standard of care under this Agreement that gives rise to contractual or other remedies but may under relevant circumstances be a factor in assessing whether Sub-Administrator has met such standard of care. With respect to any existing or additional Service provided pursuant to this Agreement, Administrator and Sub-Administrator will mutually determine whether the associated Service will be designated as a Service or element of Service for which satisfactory performance by Sub-Administrator is critical (a “Critical Service”). Sub-Administrator’s performance with respect to any Service that will become a Critical Service will not be considered before the effective date of becoming a Critical Service for the purpose of determining termination events or rights hereunder.
SERVICE LEVEL DOCUMENTS. A. GE Parties and USBFS may from time to time, in good faith, agree on certain performance measures by which USBFS is expected to provide the TA and Call Center Services (“Service Level Documents”). The Service Level Documents are designed to provide metrics and other information that may be utilized by the parties to help measure performance. The parties agree that, except as outlined in Section 3.B. as it relates to Critical Services, Service Level Documents reflect performance goals, and that any failure to perform in accordance with the provisions thereof may not by itself constitute a breach of the standard of care under this Agreement that gives rise to contractual or other remedies but may under relevant circumstances be a factor in assessing whether USBFS has met such standard of care.
SERVICE LEVEL DOCUMENTS. The Client and the Custodian may from time to time, in good faith, agree on certain performance measures by which the Custodian is expected to provide the services contemplated by this Agreement (“Service Level Documents”). The Service Level Documents are designed to provide metrics and other information which may be utilized by the parties to help measure performance. The parties agree Service Level Documents reflect performance measures as opposed to specific contractual obligations. Notwithstanding, the parties agree that (a) the Custodian’s inability to achieve such performance measures may give rise to grounds for termination pursuant to Clause 17; and (b) the Custodian’s performance and/or non-performance of the services, separate and apart from the performance measures in the Service Lxxxx Documents, may give rise to any remedies in tort or contract that the Client may assert against Custodian under the terms of this Agreement.
SERVICE LEVEL DOCUMENTS. The Fund and the Custodian may from time to time, in good faith, agree on certain performance measures by which the Custodian is expected to provide the services contemplated by this Agreement (“Service Level Documents”). The Service Level Documents are designed to provide metrics and other information which may be utilized by the parties to help measure performance. The parties agree Service Level Documents reflect performance measures as opposed to specific contractual obligations.
SERVICE LEVEL DOCUMENTS. The Transfer Agent and the Companies may from time to time agree to document the manner in which they expect to deliver and receive the services contemplated by Sections 1.2 and 1.3 of this Agreement. The parties agree that such document(s) (hereinafter referred to as “Service Level Document(s)”) reflect performance goals and any failure to perform in accordance with the provisions thereof shall not be considered a breach of contract that gives rise to contractual or other remedies, except as otherwise provided in this Section 1.4. It is the intention of the parties that the sole remedy for failure to perform in accordance with the provisions of a Service Level Document, or any dispute relating to performance goals set forth in a Service Level Document, will be a meeting of the parties to resolve the failure pursuant to the consultation procedure described below. Nothing in this Section 1.4 shall modify a party’s applicable standard of care under this Agreement. Information Classification: Limited Access If a party to this Agreement is consistently unable to meet the provisions of a Service Level Document, or in the event that a dispute arises relating to performance goals set forth in a Service Level Document, either party to this Agreement shall address any concerns it may have by requiring a consultation with the other party. The purpose of the consultation procedure is to endeavor to resolve a consistent failure to meet the provisions of a Service Level Document. If a consultation occurs pursuant to this Section 1.4, the parties must negotiate in good faith to endeavor to:
SERVICE LEVEL DOCUMENTS. The Trust and the Administrator may from time to time, in good faith, agree on certain performance measures by which the Administrator is expected to provide the services contemplated by this Agreement ("Service Level Documents"). The Service Level Documents are designed to provide metrics and other information that can be utilized by the parties to help measure the Administrator's performance. The parties agree the Service Level Documents reflect performance measures as opposed to specific contractual obligations. Notwithstanding, the parties agree that (1) Administrator's inability to achieve such performance measures may give rise to grounds for termination pursuant to Section 14; and (2) Administrator's performance and/or nonperformance of the services, separate and apart from the performance measures in the Service Level Documents, may give rise to any remedies tort or contract that the Trust may assert against Administrator under the terms of this Agreement.
