Service Performance Standards. Contractor will meet or exceed the following performance standards. HTA, or its designee, will periodically monitor Contractor's adherence to these standards.
Service Performance Standards. (a) In accordance with the terms of this Agreement, TPA shall provide, monitor and report on the provision of, Services in accordance with the Service Performance Standards set forth in Exhibit 4.1.
(b) The Parties shall review during the Initial Term, the Renewal Term, if any, and the Transfer Assistance Period, if any, subject to Section 16.8(e), and, upon agreement of the Parties, may adjust, as appropriate, the Service Performance Standards and reflect any necessary adjustment in the Services Fees resulting from any such change in the Service Performance Standards; provided, however, that any such adjustment in the Services Fees or change in the Service Performance Standards must be embodied in a written amendment to this Agreement executed by the applicable Customers and TPA and shall only apply to the Customer(s) specified in such written amendment.
Service Performance Standards. (i) TMSI shall provide the Marketing Services in accordance with the performance standards set forth in EXHIBIT B ATTACHED HERETO (the "Performance Standards"). The Performance Standards shall be revised annually in connection with revisions to the Marketing Plan under Section 2.2 hereof.
(ii) TMSI's failure to perform in accordance with the Performance Standards due to any event covered by Section 10.14(b) of this Agreement shall not be considered to be a failure for which FMER shall be responsible under this Section 6.02(b).
(iii) If TMSI fails to meet a Performance Standard, TMSI shall (a) notify XXXX immediately; (b) investigate and report to XXXX on the root cause(s) of the failure; (c) describe to XXXX the steps which TMSI will take to correct the failure; (d) promptly take such steps; and (e) advise XXXX not less often than weekly as to the status of such remedial efforts. TMSI will undertake all such corrective or remedial action at no cost to XXXX.
(iv) TERI's sole remedy for any material failure by TMSI to satisfy the Performance Standards described in Section 6.02(b)(iv) shall be to withhold payment for the Marketing Services until such time as TMSI satisfies the Performance Standards, or to obtain the Marketing Services from another servicer.
Service Performance Standards. University agrees to use its reasonable efforts to perform the research services in accordance with academic standards. User recognizes that XXXX LAB will not conduct the PROCESS TO BE PERFORMED in accordance with U.S. Food and Drug Administration Good Laboratory Practice Standards, and User understands and agrees that any PROCESS TO BE PERFORMED Results may not be used by User for any filings that require a certification of GLP compliance. The XXXX LAB is not a CLIA certified facility, and User understands and agrees that any PROCESS TO BE PERFORMED Results may not be used for any diagnostic purposes.
Service Performance Standards. HMO agrees to meet the service performance criteria set out in Exhibit I-C.
Service Performance Standards. United HealthCare and PBM shall each use good faith and reasonable commercial efforts to perform their respective duties and obligations in a diligent, professionally responsible and efficient manner. The parties agree to cooperate with and assist each other as reasonably necessary in the performance of their respective duties and in developing timely responses to the needs of United HealthCare's business. Notwithstanding the general and specific Service Performance Standards and Guarantees applicable to PBM identified in EXHIBIT B, PBM shall perform the services for which it is responsible under this Agreement using the same degree of skill and care in such performance as a prudent person engaged in pharmacy benefit management services would use under substantially similar circumstances in the management of a similar pharmacy benefit management business of United HealthCare's magnitude. PBM agrees to accept the Service Performance Standards and Guarantees set forth in EXHIBIT B, including the dollars which shall be at risk should PBM's aggregate performance or guarantees be below the indicated targets. PBM shall provide to United HealthCare: (a) monthly or quarterly reports as applicable of PBM's performance; and (b) annual statistics, within ninety (90) days of the end of the calendar year, demonstrating whether PBM met the Service Performance Standards and Guarantees described in EXHIBIT B. At the same time PBM provides such statistics to United HealthCare, PBM shall reimburse United HealthCare any monies owed because of PBM's failure to meet such Service Performance Standards and Guarantees.
Service Performance Standards. (5) The Service Operator is required to meet the essential service requirements, service output and service outcome standards according to the Terms and Requirements of Specific Service Unit at Annex.
(6) Service Quality Standards The Service Operator shall meet the requirements of the 16 Service Quality Standards.
Service Performance Standards. (i) FMER shall provide the Services in accordance with the performance standards set forth in EXHIBIT C (the "Performance Standards").
(ii) FMER's failure to perform in accordance with the Performance Standards due to any event covered by Section 11.14(b) of this Agreement shall not be considered to be a failure for which FMER shall be responsible under this Section 8.02(b).
(iii) FMER shall report to XXXX regarding its failure to satisfy any Performance Standard by the end of the third week following the end of the month in which the failure occurred for those performance standards having a monthly measuring time period as set forth on Exhibit C and by the end of the [**] the end of the quarter in which the failure occurred for those performance standards having a quarterly measuring period as set forth on Exhibit C (or, in any event as soon as such reports are available if available earlier). FMER shall include in such report (A) its diagnosis of the cause of such failure, and (B) a description of its plan for cure. FMER shall thereafter advise XXXX weekly regarding the status of cure efforts.
(iv) FMER's overall satisfaction of the Performance Standards shall be judged by the aggregate time period when a material portion of the "sub indicators" shown on Exhibit C are out of specification. Specifically, if [**] percent ([**]%) or more of the sub indicators fail to meet the Performance Standard by more than the permitted variation for either: (a) a period of [**] consecutive months, or (b) more than [**] months in any [**] period, then Material Failure of Performance shall have occurred and XXXX shall have the right to terminate under Section 10.02(b). In applying the foregoing standard, different sub indicators that are beyond permitted variation do not count toward the total of [**] percent ([**]%) in different months. For example, if all sub indicators in Criteria Categories 2 and 3 (a total of 8) exceed permitted variation for [**] consecutive months but are "cured" in the [**] and all sub indicators in Criteria Categories 6 and 7 (a total of 8) exceed permitted variation in the next succeeding month, a Material Failure of Performance has not occurred.
Service Performance Standards. 4.2.1. Broker shall supervise and direct the Services, using Broker’s full skill and attention. Broker shall be solely responsible for and have control over means, methods, techniques, sequences and procedures and for coordinating all portions of the Services under the Agreement, unless the Agreement or Director gives contrary specific written instructions concerning these matters.
Service Performance Standards. 4.2.1. Broker shall supervise and direct the Services, using Xxxxxx’s full skill and attention. Broker shall be solely responsible for and have control over means, methods, techniques, sequences and procedures and for coordinating all portions of the Services under the Agreement, unless the Agreement or Director gives contrary specific written instructions concerning these matters.
4.2.2. Unless otherwise provided in this Agreement, Broker shall provide and pay for labor, materials, tools, equipment, and machinery necessary for the proper execution and completion of the Services.
4.2.3. Broker shall enforce strict discipline and good order among Broker’s employees, agents, subcontractors, and other persons carrying out the Services.
4.2.4. Broker shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the Services.
4.2.5. Broker shall take all precautions to ensure that no damage to private or public property results from its operations. Broker must repair or replace items damaged by it at no cost to the City.
4.2.6. Broker shall comply with all applicable state and federal laws and regulations, and the City Charter and Code of Ordinances.
