Service Levels -- General Provisions Sample Clauses

Service Levels -- General Provisions. During the Transition Period CalPX and Perot Systems shall validate the service levels set forth in this S▇▇▇▇▇le 3.3 Commencing with the first full calendar month after the Transition Period for new Application, each performance metric shall be measured and reported to CalPX on a monthly basis. Perot System shall perform Services for which no Service Level is ▇pecified in this Schedule 3.3 at least at the same level, and with the same degree of accuracy, quality, completeness and responsiveness as CalPX performed such Services prior to the Effective Date. Assumptions and Pre-conditions: Perot Systems' obligation to comply with the Service Levels se▇ ▇▇▇th in this Schedule 3.3 is contingent upon the accuracy of the assumptions and the satisfaction of the pre-conditions set forth below. If any of these assumptions are inaccurate or any of these pre-conditions are not satisfied, Perot Systems and CalPX shall negotiate in good faith to adjus▇ ▇▇▇ Service Levels appropriately or to select alternate Service Levels. o Each Service shall be measured using then existing measurement Tools. o Service availability shall be calculated by dividing (i) the number of minutes the applicable server is responding to system commands, by (ii) the total number of minutes in the applicable month, based on 7 x 24 availability, minus the total number of minutes of downtime (a) reserved for system maintenance windows, (b) reserved for CalPX approved, non-routine maintenance periods, (c) reserved for CalPX approved Application installation periods, (d) caused by defects in Managed Equipment, Applications (except to the extent such defects result from modifications to such Applications made by PSC Personnel), or services provided by Third Party Vendors (other than PSC Personnel), (e) caused by processing transaction volumes in excess of those for which the applicable system was designed, (f) caused by an Application that has not been tested in a reasonably adequate test environment for a reasonably adequate time period before being placed into the production System, and (g) defects in Applications (except to the extent such defects results from modifications to such Application made by PSC Personnel), or services provided by Third Party Vendors (other than PSC Personnel). o CalPS shall authorize the replacement or repair, as reasonably appropriate, of any hardware and software reasonably necessary (i) to replace hardware that begins to exhibit erratic performance or has otherwise be...