Service Level Failures Sample Clauses

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. (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.” (b) Ingevity shall monitor and record (and provide information to the Mill Owner with respect to) the number of Failure Hours for each calendar month determined as provided in Section 6.3(a), noting the cause and duration of each such Failure Hour. The aggregate Failure Hours, so determined for a calendar month then shall be reduced as follows (the number of Failure Hours, if any, remaining after reduction in accordance with this Section 6.3(b) are referred to as “Penalty Hours”): (i) the aggregate number of Failure Hours during the calendar month shall be reduced by 10 hours; (ii) the number of Failure Hours during such calendar month shall be reduced by the number of such Failure Hours that resulted from a Major Equipment Shutdown, a Cold Maintenance Shutdown, an emergency maintenance shutdown of Critical Services Equipment or a Closure of the Mill; (iii) the number of Failure Hours during such calendar month shall be reduced by the number of such Failure Hours that resulted from a Force Majeure Event (based on documentation such as maintenance records, operator logs and the like, which the Mill Owner shall be required to maintain and provide to Ingevity); (iv) the number of Failure Hours during such calendar month shall be reduced by the number of such Failure Hours during which the Carbon Plant was not being operated by Ingevity...

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. 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. 7.2 A financial penalty is not a substitute for any other claims that SARS may have against the Service Provider in respect of breach of this Agreement. 7.3 For any given calendar month, the following financial penalties will apply to any Service Level Failure- First incident of Service Level Failure 20% of Amount at Risk based on the total monthly invoice. Second incident of Service Level Failure 40% of Amount at Risk based on the total monthly invoice. Third incident of Service Level Failure 60% of Amount at Risk based on the total monthly invoice. Fourth incident of Service Level Failure 80% of Amount at Risk based on the total monthly invoice. Fifth incident of Service Level Failure 100% of Amount at Risk based on the total monthly invoice; alternatively SARS reserves the right to cancel the Agreement. 7.4 The following instances shall be excluded from being regarded as a failure to adhere to the agreed Services Levels- 7.4.1 Where the Service Call is suspended in agreement with SARS; 7.4.2 Where the Service Call has been referred back to SARS for further clarification; or 7.4.3 Where planned pre-approved access to the relevant generator is delayed by SARS.

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. ‌ 12.1. The Parties agree that the Supplier’s performance in terms of this Agreement and compliance with the Service Levels will be monitored and measured by the Company. 12.2. In the event that that the Supplier fails to achieve the minimum Service Levels measurements as advised by the Company to the Supplier, the Parties will, notwithstanding any provision to the contrary contained in this Agreement, at the end of the affected calendar month, meet and agree a corrective plan to rectify the Supplier’s performance. 12.3. Should the Supplier fail to rectify its performance in terms of the corrective plan and/or should the Supplier fail to achieve the minimum Service Level measurements for any continuous 3 calendar month period, such failure will constitute a Service Level Failure and the terms of clause 20 will apply.

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. Section 13.1 sets forth Customer’s sole and exclusive remedy for failures to meet any of the Service Level Objectives for the Related Data Center Services referenced therein (a “Service Level Failure”). A Service Level Failure begins upon receipt of Licensor from Customer of a detailed report of an incident and ends when the affected service is operational. Customer shall provide the report via email to NXX@xxxxxxxxxxxxx.xxx or via telephone to Licensor’s 24 hour response line. An applicable Service Level Credit allowance shall appear on Customer’s next invoice following processing. Service Level Credits shall not have any cash value at the end of the Term or otherwise. Service Level Credits shall be calculated as a rebate of monthly License Fees, as applied specifically to the particular Data Center Service that experienced the Service Level Failure. If the price of the particular Data Center Service which was impacted by a Service Level Failure is not specified in the Customer’s Agreement (e.g., due to package pricing), the price will be determined by Licensor using Licensor’s then current market pricing for the specific Data Center service. One or more concurrent Service Level Failures shall yield the specific Service Level Credit that is most favorable to Customer; provided, however, if multiple, simultaneous Service Level Failures are directly caused by separate events, Customer shall receive the Service Level Credit(s) applicable to each separately caused Service Level Failure. No Service Level Credits will be given for a service interruption: (a) caused by the action or failure to act by Customer; (b) due to failure of equipment provided by Customer; (c) during any period in which Licensor is not given access to the service premises; (d) which is part of a planned service interruption for maintenance, or results from implementation of a Customer order; (e) due to a force majeure event; (f) for which Customer is entitled to a Service Level Credit for the same or a contemporaneous Service Level Failure; (g) affecting Other Customer Area(s); or (h) resulting from Customer’s breach of this Agreement. Total cumulative Service Level Credits earned in any thirty (30) day period shall not exceed the amount of one (1) month’s License Fees for the Customer Area.