SERVICE LEVELS AND PENALTIES. The Service Provider shall provide the Services in accordance with the Performance Standards and the Targets set out in Annexure E (Form of Service Levels and Penalties) hereto. In the event that the provision of the Services falls below the expected Performance Standard and thus does not achieve the Target, the Company shall be entitled to invoke the Penalties as set out in Annexure E (Form of Service Levels and Penalties) hereto. The Penalties invoked shall be applied by way of discounting the Charges payable to the Service Provider in the month in which the default in the Performance Standard occurred. Alternatively, if the Company has paid the Charges in full, the Company may require that the Service Provider issue a credit note in respect of such discounts.
SERVICE LEVELS AND PENALTIES. 10.1. The Service Provider shall achieve the service levels specified in this Service Provider Agreement failing which the Fund shall become entitled to the penalties (credits) specified below.
10.2. Notwithstanding anything seemingly to the contrary the Fund may in its sole discretion elect to waive a penalty and pursue a claim damages instead.
10.3. The following definitions apply in the measurement of performance against the Service Levels:
SERVICE LEVELS AND PENALTIES. 10.1. The Service Provider shall achieve the service levels specified in this clause failing which the
SERVICE LEVELS AND PENALTIES. The Service Provider shall provide the Services in accordance with the Performance Standards and the Targets set out in 0 (Form of Service Levels and Penalties) hereto. In the event that the provision of the Services falls below the expected Performance Standard and thus does not achieve the Target, the Company shall be entitled to invoke the Penalties as set out in 0 (Form of Service Levels and Penalties) hereto. The Penalties invoked shall be applied by way of discounting the Charges payable to the Service Provider in the month in which the default in the Performance Standard occurred. Alternatively, if the Company has paid the Charges in full, the Company may require that the Service Provider issue a credit note in respect of such discounts.
SERVICE LEVELS AND PENALTIES. Akamai agrees to provide a level of service demonstrating:
(a) 100% Uptime: The Service will serve content 100% of the time.
SERVICE LEVELS AND PENALTIES. The Service Provider shall achieve the service levels (timelines) specified in this clause, failing which the Fund shall become entitled to the penalties (credits) specified below.
SERVICE LEVELS AND PENALTIES. The level of service provided is very important to Southern Lehigh School District. The Contractor must describe in detail the processes and procedures utilized to ensure that service levels are, at all times, maintained to the highest standards. This would include all types of services the Contractor is required to provide, in addition to contingency plans in place for work stoppages. It is very important that the Contractor be able to maintain their regularly scheduled services even during peak use of auxiliary transportation such as field trips, athletic trips, etc. In the event the Contractor fails to comply with any of the requirements for the provision of vehicle drivers, the Contractor may, in addition to not being paid for that run, pay a penalty of $200 for each day of noncompliance. In addition, without establishing limitations, the following infractions may result in the imposition of a penalty of $100 per occurrence: • A driver changing a route or stop without securing approval from the Owner, unless such change in routes or stop is the result of an emergency, in which case notice and securing of approval should be accomplished within five (5) working days after the event. • A driver leaving the driver’s seat while a vehicle is running. • A driver leaving a vehicle unattended with students on board and keys in ignition. • A driver failing to complete a route or being late for a run as the result of insufficient fuels. • Contractor’s failure to respond to a breakdown with a replacement vehicle within a reasonable period of time (30 minutes if breakdown occurs with the Southern Lehigh District boundaries). • A driver not complying with School Bus / Diesel Vehicle Idling Policy # 810.7
SERVICE LEVELS AND PENALTIES. 11.1. The Service Provider shall perform the Services with promptness, diligence, and courtesy. The Service Provider shall execute the Services in a professional manner and in accordance with the practices and professional standards used in well-managed operations performing Services similar to the Services.
11.2. The Parties will agree to objectively measurable Service Levels and to specific formulae by which to calculate Service Level Credits related to the Service Provider’s failure to meet, or the Service Provider's breach of the Service Levels. The Service Levels and Service Level Credits, including the applicable formulae, shall be included in the Service Level Agreement.
11.3. SARS may recover the applicable Service Level Credit from the Service Provider. In the event that SARS is entitled to a Service Level Credit, the amount of such Service Level Credit shall be deducted by SARS from any amount due to be paid by SARS to the Service Provider. If there is no further amount due to be paid by SARS to the Service Provider for the Services in question, then the Service Provider shall, at SARS' election, either refund the amount of the Service Level Credit to SARS or provide SARS with a credit note for such amount.
11.4. The Service Provider shall be excused from failing to comply with the Service Levels to the extent that non-performance or delayed performance is caused by SARS or its Staff, or a Force Majeure Event.
11.5. If the Service Provider fails to meet any Service Level, the Service Provider shall:
11.5.1. investigate and report on the root causes of the Service Level failure;
11.5.2. promptly correct the failure and begin meeting the Service Levels;
11.5.3. advise SARS, as and to the extent requested by SARS, of the status of remedial efforts being undertaken with respect to such Service Level failure; and
11.5.4. take appropriate preventive measures to prevent the recurrence of the Service Level failure.
11.6. SARS shall be entitled to reasonable access to all data in the Service Provider's possession relating to Service Levels and Service Level performance as provided for in this Agreement. When required by SARS in writing, the Service Provider shall provide SARS with written reports on the Service Provider's performance against the Service Levels, together with any supporting information for each report as reasonably requested by SARS.
11.7. Should a Service Level Credit become payable to SARS and the Service Provider is also liable to pay d...
SERVICE LEVELS AND PENALTIES. 10.1. The Service Provider shall achieve the Service Levels (timelines) specified in this Service Provider Agreement and final Project Implementation Plan failing which the Fund shall become entitled to the penalties (credits) specified in the final Project Implementation Plan.
10.2. Notwithstanding anything seemingly to the contrary the Fund may in its sole discretion elect to waive a penalty and pursue a claim for damages instead.
10.3. The Service Provider shall adhere to timelines for the Deliverables as specified in the final Project Implementation Plan.
10.4. The failure by the Service Provider to achieve the project timelines for the Deliverables as specified in the final Project Implementation Plan, shall result in a Service Level Breach and the Fund shall become entitled to charge penalties (credits) to the value as specified in the final Project Implementation Plan.
10.5. The Service Provider shall credit the Fund with all penalties due to the Fund for a particular month on each invoice submitted to the Fund for payment on the following month.
SERVICE LEVELS AND PENALTIES. The Consultant shall provide the Services in accordance with the Performance Standards and the Targets set out in Annexure E (Form of Service Levels and Penalties) hereto. In the event that the provision of the Services falls below the expected Performance Standard and thus does not achieve the Target, the Company shall be entitled to invoke the Penalties as set out in Annexure E (Form of Service Levels and Penalties) hereto. The Penalties invoked shall be applied by way of discounting the Fees payable to the Consultant in the month in which the default in the Performance Standard occurred. Alternatively, if the Company has paid the Fees in full, the Company may require that the Consultant issue a credit note in respect of such discounts.
