Service Level Termination Clause Samples
The Service Level Termination clause defines the conditions under which a contract may be terminated due to a party's failure to meet agreed-upon service levels. Typically, this clause outlines specific performance metrics or standards that must be maintained, and details the process for termination if these standards are repeatedly not met, such as after a certain number of breaches or a defined period of underperformance. Its core function is to protect the interests of the party receiving services by providing a clear exit mechanism if the service provider consistently fails to deliver the expected quality or reliability.
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Service Level Termination. Following the Measurement Period, should OneNeck fail to meet the “Minimum Service Level” (as defined below) in any two (2) months during a four month period, Client may, at Client’s sole election, terminate the applicable Service or this Agreement, effective two (2) months after Client gives OneNeck notice of such intent to terminate, with no further obligation to OneNeck with respect to such terminated Service. For purposes of this Agreement, a failure to meet the “Minimum Service Level” shall occur when the Service Credits due to Client equal 20% of the Service Fees or more during a month.
Service Level Termination. If the Service Level is below the Termination Level for * consecutive Measurement Periods, A&P may terminate the Agreement, provided that it has provided Timely Notice of Termination. Timely Notice of Termination shall mean written notice provided to C&S by A&P anytime within * of the expiration of the * Measurement Period. If, after receipt of a Timely Notice of Termination, C&S does not achieve at least the Termination Level in the * Measurement Period, then, as set forth in the Notice of Termination, the Agreement will terminate * following the end of the * Measurement Period. Should A&P give late Timely Notice of Termination, the time periods for cure, including extension into subsequent consecutive Measurement Periods, shall be extended accordingly. Following an event under this Section 9.4 that gives rise to a right of termination by A&P, A&P may request that only a portion of this Agreement be terminated. Following such request C&S will promptly meet with A&P and the parties will in good faith amend this Agreement to both parties' mutual satisfaction to accommodate A&P's request.
Service Level Termination. If the Service Level is below [*]% (the “Termination Level”) for any [*] Periods, Penn Traffic may issue written notice to C&S of its intent to terminate the Agreement within 3 business days of the expiration of the Measurement Periods for which the Service Level was below the Termination Level. If, after receipt of such notice, C&S does not achieve a Service Level equaling at least the Termination Level in the Measurement Period immediately subsequent to such [*] Periods, Penn Traffic will have the right to terminate the Agreement following the end of such succeeding Measurement Period by providing C&S written notice thereof.
Service Level Termination. If the Service Level is below 87.5% for four consecutive weeks in a Contract Year, and prior to the end of the third week, GU has provided C&S with notice that it intends to terminate the agreement, and prior to the end of the fourth week, C&S has not restored the Targeted Service Level to at least 95%, then GU may terminate the agreement within seven days following the end of the fourth week. Furthermore, if (a) there have been five or more separate Service Level Deficiencies in a Contract Year, (b) during such deficiencies the Service Level was below 87.5%, and (c) within seven days following the end of the fourth Service Level Deficiency, GU has provided C&S with notice that it intends to terminate the agreement, then GU may terminate the agreement within seven days following the end of the fifth Service Level Deficiency.
Service Level Termination. If the Service Level to BWD is below [***] for: (a) [***] Measurement Periods, or (b) [***] Measurement Periods during any [***] Measurement Periods, and BWD has provided C&S with Timely Notice of Termination, then BWD may terminate this Agreement within [***] days following the end of the last applicable Measurement Period. “Timely Notice of Termination” means: (i) in the case of clause (a) above, within [***] days following the end of the [***] Measurement Period, BWD has provided C&S with written notice that it intends to terminate this Agreement because the Service Level was below [***] for [***] Measurement Periods, and (ii) in the case of clause (b) above, within [***] following the end of the [***] Measurement Period, BWD has provided C&S with written notice that it intends to terminate this Agreement because the Service Level was below [***] for [***] Measurement Periods.
Service Level Termination. If the Service Level is below * for * in a Contract Year, and prior to the end * , GU has provided C&S with notice that it intends to terminate the agreement, and prior to the end * , C&S has not restored the Targeted Service Level to at least * , then GU may terminate the agreement within seven days following the end * . Furthermore, if (a) there have * in a Contract Year, (b) during such deficiencies the Service Level was below * , and (c) within seven days following the * , GU has provided C&S with notice that it intends to terminate the agreement, then GU may terminate the agreement within seven days following the end * .