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 Sxxxxxle 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 xpecified 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 sex xxxth 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 adjusx xxx 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...
Sample 1
AutoNDA by SimpleDocs

Related to Service Levels -- General Provisions

  • Certain General Provisions 30 5.1. Closing Fee..........................................................................30 5.2. Agent's Fee..........................................................................30 5.3.

  • ARTICLE IX GENERAL PROVISIONS 56 9.1 Survival of Representations.................................................................. 56 9.2

  • FINAL PROVISIONS 9.1 Any warning, communication, correspondence, notice, request, claim, action, instruction, arbitration notice, summons or service of process related to this Agreement or to any dispute, action, doubt or controversy resulting from or relating to this Agreement shall be deemed delivered when received by the other Party (i) by certified mail, from a recognized courier company, upon actual receipt thereof, (ii) at the time of delivery, if delivered personally, or (iii) on the date of confirmation of receipt of the transmission issued by fax, when sent by fax, as the case may be, to the addresses and telephone/fax numbers listed below (or to any other address or telephone/fax number informed by one of the Parties in writing to the other Parties):

  • Certain General Terms 7.1 [Reserved]

  • Additional Provisions Relating to Customer 6.1 Representations of Customer and Bank

  • General Provisions In connection with any Registration Statement and any Prospectus required by this Agreement to permit the sale or resale of Transfer Restricted Securities (including, without limitation, any Registration Statement and the related Prospectus required to permit resales of Initial Securities by Broker-Dealers), each of the Company and the Guarantors shall:

  • General Provision The Fund hereby employs OFI and OFI hereby undertakes to act as the investment adviser of the Fund and to perform for the Fund such other duties and functions as are hereinafter set forth. OFI shall, in all matters, give to the Fund and its Board of Trustees the benefit of its best judgment, effort, advice and recommendations and shall, at all times conform to, and use its best efforts to enable the Fund to conform to (i) the provisions of the Investment Company Act and any rules or regulations thereunder; (ii) any other applicable provisions of state or federal law; (iii) the provisions of the Declaration of Trust and By-Laws of the Fund as amended from time to time; (iv) policies and determinations of the Board of Trustees of the Fund; (v) the fundamental policies and investment restrictions of the Fund as reflected in its registration statement under the Investment Company Act or as such policies may, from time to time, be amended by the Fund's shareholders; and (vi) the Prospectus and Statement of Additional Information of the Fund in effect from time to time. The appropriate officers and employees of OFI shall be available upon reasonable notice for consultation with any of the Trustees and officers of the Fund with respect to any matters dealing with the business and affairs of the Fund including the valuation of any of the Fund's portfolio securities which are either not registered for public sale or not being traded on any securities market.

  • Other Definitional Provisions and Rules of Construction A. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference.

  • Definitions and Basic Provisions The following definitions and basic provisions shall be used in conjunction with and limited by the reference thereto in the provisions of this lease:

  • Definitional Provisions (a) The words “hereof,” “herein,” and “hereunder” and words of similar import, when used in this Agreement, shall refer to this Agreement as a whole and not to any particular provisions of this Agreement.

Time is Money Join Law Insider Premium to draft better contracts faster.