Common use of Service Performance and Standards Remedy Clause in Contracts

Service Performance and Standards Remedy. Notwithstanding any provision to the contrary in the General Terms, Fidelity and Customer agree that the following provision represents the Customer’s sole and exclusive remedy for Fidelity’s failure to meet any service performance standard: If Fidelity or the Fidelity System fails to meet the percentage up-time and performance standards specified above and such failure is not the result of a Customer error or omission, any act, failure or omission of any third party, or any other circumstance beyond Fidelity’s control, Customer shall notify Fidelity immediately in writing specifying the performance standard(s) not met and the nature of the deficiency. Within 15 days of receipt of such notice, Fidelity shall establish and provide Customer in writing with an action plan to meet the service performance standard(s). Upon expiration of such 15-day period, Fidelity shall have 30 days to bring its performance to the percentage/standard specified in the relevant service performance standard. Fidelity shall report the nature and status of its efforts at the end of such period. Should Fidelity’s performance remain below the applicable standard after such 30-day period, Fidelity shall have an additional 60 days to correct the situation and bring the affected performance up to the standard. During this period, Customer will be provided with a 15% reduction in the monthly Fidelity invoice for each month that the performance standard(s) remain deficient. Should Fidelity’s performance remain below the service standards following all such periods, Customer may elect to either (i) provide Fidelity with additional time to improve the affected standard, during which time Customer will receive a 15% reduction in the monthly Fidelity invoice, or (ii) terminate this Agreement by giving Fidelity written notice of termination. Such termination shall be without penalty or any charge to Customer other than charges for service fees incurred prior to the effective date of termination.

Service Performance and Standards Remedy. Notwithstanding any provision to section 4.2 of the contrary in the General TermsMaster Agreement, Fidelity InterCept and Customer agree that the following provision represents the Customer’s sole and exclusive remedy for FidelityInterCept’s failure to meet any service performance standard: . If Fidelity InterCept or the Fidelity InterCept System fails to meet the percentage up-time and performance standards specified above and such failure is not the result of a Customer error or omission, any act, failure or omission of any third party, or any other circumstance beyond FidelityInterCept’s control, Customer shall notify Fidelity InterCept immediately in writing specifying the performance standard(s) not met and the nature of the deficiency. Within 15 days of receipt of such notice, Fidelity InterCept shall establish and provide Customer in writing with an action plan to meet the service performance standard(s). Upon expiration of such 15-day period, Fidelity InterCept shall have 30 days to bring its performance to the percentage/standard specified in the relevant service performance standard. Fidelity InterCept shall report the nature and status of its efforts at the end of such period. Should FidelityInterCept’s performance remain below the applicable standard after such 30-day period, Fidelity InterCept shall have an additional 60 days to correct the situation and bring the affected performance up to the standard. During this period, Customer will be provided with a 15% reduction in the monthly Fidelity InterCept invoice for each month that the performance standard(s) remain deficient. Should FidelityInterCept’s performance remain below the service standards following all such periods, Customer may elect to either (i) provide Fidelity InterCept with additional time to improve the affected standard, during which time Customer will receive a 15% reduction in the monthly Fidelity InterCept invoice, or (ii) terminate this Agreement by giving Fidelity InterCept written notice of termination. Such termination shall be without penalty or any charge to Customer other than charges for service fees incurred prior to the effective date of termination.

Service Performance and Standards Remedy. Notwithstanding any provision to section 4.2 ------------------------------------------ of the contrary in the General TermsMaster Agreement, Fidelity InterCept and Customer agree that the following provision represents the Customer’s 's sole and exclusive remedy for Fidelity’s InterCept's failure to meet any service performance standard: . If Fidelity InterCept or the Fidelity InterCept System fails to meet the percentage up-time and performance standards specified above and such failure is not the result of a Customer error or omission, any act, failure or omission of any third party, or any other circumstance beyond Fidelity’s InterCept's control, Customer shall notify Fidelity InterCept immediately in writing specifying the performance standard(s) not met and the nature of the deficiency. Within 15 days of receipt of such notice, Fidelity InterCept shall establish and provide Customer in writing with an action plan to meet the service performance standard(s). Upon expiration of such 15-day period, Fidelity InterCept shall have 30 days to bring its performance to the percentage/standard specified in the relevant service performance standard. Fidelity InterCept shall report the nature and status of its efforts at the end of such period. Should Fidelity’s InterCept's performance remain below the applicable standard after such 30-day period, Fidelity InterCept shall have an additional 60 days to correct the situation and bring the affected performance up to the standard. During this period, Customer will be provided with a 15% reduction in the monthly Fidelity InterCept invoice for each month that the performance standard(s) remain deficient. Should Fidelity’s InterCept's performance remain below the service standards following all such periods, Customer may elect to either (i) provide Fidelity InterCept with additional time to improve the affected standard, during which time Customer will receive a 15% reduction in the monthly Fidelity InterCept invoice, or (ii) terminate this Agreement the service agreement by giving Fidelity InterCept written notice of termination. Such termination shall be without penalty or any charge to Customer other than charges for service fees incurred prior to the effective date of termination.

Service Performance and Standards Remedy. Notwithstanding any provision to section 4.2 of ---------------------------------------- the contrary in the General TermsMaster Agreement, Fidelity InterCept and Customer agree that the following provision represents the Customer’s 's sole and exclusive remedy for Fidelity’s InterCept's failure to meet any service performance standard: . If Fidelity InterCept or the Fidelity InterCept System fails to meet the percentage up-time and performance standards specified above and such failure is not the result of a Customer error or omission, any act, failure or omission of any third party, or any other circumstance beyond Fidelity’s InterCept's control, Customer shall notify Fidelity InterCept immediately in writing specifying the performance standard(s) not met and the nature of the deficiency. Within 15 days of receipt of such notice, Fidelity InterCept shall establish and provide Customer in writing with an action plan to meet the service performance standard(s). Upon expiration of such 15-day period, Fidelity InterCept shall have 30 days to bring its performance to the percentage/standard specified in the relevant service performance standard. Fidelity InterCept shall report the nature and status of its efforts at the end of such period. Should Fidelity’s InterCept's performance remain below the applicable standard after such 30-day period, Fidelity InterCept shall have an additional 60 days to correct the situation and bring the affected performance up to the standard. During this period, Customer will be provided with a 15% reduction in the monthly Fidelity InterCept invoice for each month that the performance standard(s) remain deficient. Should Fidelity’s InterCept's performance remain below the service standards following all such periods, Customer may elect to either (i) provide Fidelity InterCept with additional time to improve the affected standard, during which time Customer will receive a 15% reduction in the monthly Fidelity InterCept invoice, or (ii) terminate this Agreement the service agreement by giving Fidelity InterCept written notice of termination. Such termination shall be without penalty or any charge to Customer other than charges for service fees incurred prior to the effective date of termination.