Service Level Failures. For each Service Level Failure, Company shall promptly issue Saint Luke’s a credit (a “Service Level Credit”) in the amount set forth on the attached Service Level Matrix. Company shall promptly notify Saint Luke’s of any Service Level Failure.
Service Level Failures. Failure to achieve any of the service levels described in Section 5 (Service Levels) of this Exhibit shall constitute a “Service Level Failure” and Vendor shall be liable for the Service Level Credits in the amounts set forth in Section 5 (Service Levels). Vendor shall not be responsible for any Service Level Failure caused by the State of Iowa or its agents. Vendor shall promptly notify the State of Iowa of any Service Level Failure.
Service Level Failures. In the event that either party identifies a failure during any calendar month of the Term to provide any of the Designated Services in accordance with the applicable Service Levels (each such failure, a "Service Level Failure"), the applicable MGEN Project Coordinator promptly shall arrange a meeting with the Fidelity Project Coordinator and provide a plan, reasonably satisfactory to Fidelity, to address and correct such failures within the timeframe set forth in such plan. Failure by MGEN to so provide and effect such plan shall be deemed a material breach of this Agreement.
Service Level Failures. 7.1 Failure to adhere to any of the Service Levels mentioned in Clauses 5 and 6 will be regarded as a Service Level Failure and will result in SARS levying a financial penalty set out in the Table below.
Service Level Failures. Subject to Section 9 below, if Supplier fails to deliver any Measured Service, including with respect to each Serviceable Entity, at a level which meets or exceeds the applicable Service Level (a “Service Level Failure”), then Supplier will refund or credit, as applicable, to the Province the Service Level Credit calculated pursuant to Section 9 below in order to compensate the Province in part for the reduced value of the Services actually provided by Supplier (and not as a penalty or exclusive liquidated damages). Service Level Credits will be aggregated for all missed Service Levels in the applicable Measurement Period. Service Level Credits will not be deducted from damages to which the Province is entitled under this Agreement, nor will Service Level Credits be included in calculating the limitation of liability amount under Section 11.7 of this Agreement.
Service Level Failures. In each instance of a failure by a Party to achieve a Service Level (a “Service Level Failure”), such failing Party shall: (i) investigate and report to the other Party on the root cause(s) of the failure, (ii) advise the other Party, as and to the extent requested, of the status of remedial efforts being undertaken with respect to the failure; (iii) notify the other Party of the steps which the failing Party believes should be taken to correct the failure; (iv) promptly take the necessary steps and resume meeting the Service Level; (v) take appropriate preventive measures so that such failure does not recur; and (vi) ensure that the specific Service Level Failure is accurately recorded in the applicable report.
Service Level Failures. (a) “Failure Hours” shall be the number of hours (rounded, for each incident, up or down to the nearest whole hour) in a calendar month during which Ingevity’s carbon manufacturing operations at the Carbon Plant are not operating due to the failure of the Mill Owner to provide Services, in each case in accordance with the applicable Service Specifications, but excluding: (i) any hours during which all of the Mill’s paper machines also are shut down at the same time primarily as a result of the lack of the same Service or Services, (ii) any hours during which the only Services not being provided are Wastewater Treatment Services for which the Mill Owner has exercised a right under the Wastewater Treatment Terms to require Ingevity to shut down the Carbon Plant, and (iii) any hours after the occurrence of a Permanent Closure of the Mill. In calculating the Failure Hours for a calendar month, there shall be included any hours which otherwise would have been a Failure Hour but for Ingevity maintaining the operation of the Carbon Plant through mitigation. Each occurrence of a Failure Hour is referred to as a “Service Level Failure.”
Service Level Failures. If Provider fails to meet the Service Levels persistently or continuously and if the Agency reasonably believes such failure is attributable in whole or in part to Provider’s reassignment, movement, or other changes in the personnel allocated by the Agency to the performance and delivery of the Services and/or to the Provider subcontractors assigned to the Agency service team, the Agency will notify Provider of such belief. Upon receipt of such notice from the Agency, Provider (i) will promptly provide to the Agency a report setting forth Provider’s position regarding the matters raised by the Agency in its notice; (ii) will meet with the Agency to discuss the matters raised by the Agency in its notice and Provider’s positions with regard to such matters; and (iii) will diligently work to eliminate with respect to the Services any such Provider personnel practices and/or processes identified and agreed to by the parties as adversely impacting the performance and delivery of the Services by Provider.
Service Level Failures. 4.1 Calculating Credits for a Service Level Failure Responsible, Accountable Informed
Service Level Failures. НЕДОСТИЖЕНИЕ УРОВНЯ ОБСЛУЖИВАНИЯ
