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:
Appears in 4 contracts
Samples: Service Provider Agreement, Service Provider Agreement, Service Provider Agreement
SERVICE LEVELS AND PENALTIES. 10.1. The Service Provider shall achieve the service levels (timelines) specified in this Service Provider Agreement clause 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 Service Provider shall continuously measure its performance against the Service Levels:.
Appears in 2 contracts
Samples: Service Provider Agreement, Service Provider Agreement
SERVICE LEVELS AND PENALTIES. 10.1. 7.1 The Service Provider shall achieve the service levels specified in this Service Provider Agreement clause failing which the Fund shall become entitled to the penalties (credits) specified below.
10.2. 7.2 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. 7.3 The following definitions apply in to the measurement of performance against the Service Levels:
Appears in 1 contract
Samples: Service Provider Agreement
SERVICE LEVELS AND PENALTIES. 10.1. The Service Provider shall achieve the service levels specified in this Service Provider Agreement clause 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:
Appears in 1 contract
Samples: Service Provider Agreement