Common use of SERVICE LEVEL DOCUMENTS Clause in Contracts

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.