SLA Claims Sample Clauses

SLA Claims. Customer must notify SailPoint customer service via support ticket within five (5) business days from the occurrence of the SLA incident and provide the details of the incident (a “SLA Claim”). SailPoint will use log files, database records, audit logs and any other information available to validate an SLA Claim and make a good faith judgment on the applicability of this SLA to such SLA Claim. In the event an SLA Claim is denied, SailPoint shall make the information used to validate such SLA Claim available for auditing by Customer at Customer’s request.
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SLA Claims i. Subscriber must notify Agari customer support within five (5) business days from the date of the incident that causes Subscriber to first believe it is entitled to receive a remedy under any one of the SLAs set forth below. If requested by Xxxxx, Subscriber will provide Agari sustaining documentation for analysis. Failure to comply with these reporting requirements forfeits Subscriber’s right to receive a remedy in connection with an SLA. ii. For all claims subject to validation by Xxxxx, Xxxxx will use log files, database records, audit logs, and any other information available to validate claims and make a good faith judgment on the applicability of SLAs to said incident. Agari shall make information used to validate an SLA claim available for auditing by Subscriber at Subscriber’s request. iii. In the event that more than one aspect of the Service is affected by the same root cause, the single SLA applicable to the Service of Subscriber’s choosing may be claimed and no other claim will be validated or otherwise allowed for that event. iv. Notwithstanding anything to the contrary in the Agreement, except for gross negligence or willful misconduct, the remedies set forth herein represent Subscriber's sole and exclusive remedy for Xxxxx’s breach of the SLAs defined in this Appendix 1.
Sample 1
SLA Claims. Customer must notify IDVerifact customer service via support ticket within five (5) Business Days from the occurrence of theSLA incident and provide the details of the incident (an “SLA Claim”). IDVerifact will use log files, database records, audit logs and any other information available to validate an SLA Claim and make a good faith judgment on the applicability of this SLA to such SLA Claim. In the event an SLA Claim is denied, IDVerifact shall make the information used to validate such SLA Claim available for auditing by Customer at Customer’s request.
Sample 1
SLA Claims. C.1 Service Levels shall not be measured for purposes of determining Service Credits during the first full calendar month following implementation of the Service for production use, and no Service Credits shall be due for such period. C.2 Subscriber must notify MaxMD Subscriber Support within 5 business days of the beginning of each calendar month during the Term if Customer believes it is entitled to a Service Credit for the previous month. C.3 For all claims subject to validation by MaxMD, MaxMD will use log files, database records, audit logs, and any other information available to validate claims and make a good faith judgment on the applicability of Service Credits to said incident. C.4 In the event that more than one aspect of a Service is affected by the same root cause, the single Service Credit applicable to such Service Level failure may be claimed and no other claim will be validated or otherwise allowed for that event. C.5 The remedies set forth herein represents Subscriber’s sole and exclusive remedy for MaxMD’s breach of the SLAs defined in this SLA.
Sample 1
SLA Claims. 2.2.1. Client shall have the remedies under the SLA commencing upon thirty (30) days after the Effective Date of the Agreement. 2.2.2. Client must notify Redox via email to xxxxxxx@xxxxxxxxxxx.xxx within five (5) business days from date of incident it first believes entitles it to receive a remedy under the SLA set forth below. 2.2.3. For all claims subject to validation by Redox, Redox will use log files, database records, audit logs, and any other information available to validate claims and make a good faith judgment on the applicability of SLAs to said incident. Redox shall make information used to validate a SLA claim available for auditing by Client at Client’s request and cost. 2.2.4. The remedies set forth herein represent Client’s sole and exclusive remedy for Redox’s breach of the SLA defined in this SLA.
Sample 1
SLA Claims. Service Provider shall, in its quarterly review of the Services, provide Client with Service Level compliance reports based on WMS data as set forth in Section 5.3. Client must submit any claim of Service Level non-compliance into Service Provider’s ticketing system within 15 business days following the end of the applicable measuring period, and such claim must be supported by reasonable documentation (including, without limitation, written statements, affidavits or photographs) or other evidence as may be requested by Service Provider (any such claim, an “Eligible Claim”).
Sample 1
SLA Claims. C.1 All SLA Claims must be made to Proofpoint by authorized Proofpoint Channel Partners, and initiated by a claim by the affected Customer to the applicable Proofpoint Channel Partner. C.2 Channel Partner must notify Proofpoint Customer Support via support ticket within five (5) business days from the occurrence of the SLA incident. Channel Partner’s claim ticket must identify which specific SLA applies and the details of the relevant incident. If requested by Proofpoint, Channel Partner will provide Proofpoint a live copy of the applicable email with the original Proofpoint headers (complete and untampered with) for analysis. Failure to comply with these reporting requirements may forfeit each Customer’s right to receive a remedy in connection with an SLA. C.3 For all claims subject to validation by Proofpoint, Proofpoint will use log files, database records, audit logs, and any other information available to validate claims and make a good faith judgment on the applicability of SLAs to said incident. Proofpoint shall make information used to validate a SLA claim available for auditing by Channel Partner at Channel Partner’s request. C.4 In the event that more than one aspect of the Service product is affected by the same root cause, the single SLA applicable to such Service of Customer’s choosing may be claimed and no other claim will be validated or otherwise allowed for that event. C.5 Except for gross negligence or willful misconduct, the remedies set forth herein represents Customer's and Channel Partner’s sole and exclusive remedy for Proofpoint’s breach of the SLAs defined in this SLA.
Sample 1
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Related to SLA Claims

  • Tax Claims Notwithstanding any other provision of this Agreement, the control of any claim, assertion, event or proceeding in respect of Taxes of the Company (including, but not limited to, any such claim in respect of a breach of the representations and warranties in Section 3.22 hereof or any breach or violation of or failure to fully perform any covenant, agreement, undertaking or obligation in Article VI) shall be governed exclusively by Article VI hereof.

  • Litigation; Claims Any rights (including indemnification) and claims and recoveries under litigation of Seller against third parties arising out of or relating to events prior to the Closing Date;

  • NO EXTRA CLAIMS The Employees and the Union shall not pursue any extra claims, either Award or over Award for the life of the Agreement. Without limiting the generality of the foregoing, there shall be no industrial action for the purpose of supporting or advancing claims against the company in relation to the above, until the Agreement's nominal expiry date has passed. Where any disagreement arises, the parties shall follow the Dispute Settlement Procedure contained in this Agreement.

  • Claims A. To accept HHSC's reimbursement rates as payment in full for the services specified in this Contract to the persons for whom a payment is received, and to make no additional charge to the individual, any member of their family or to any other source for any supplementation for such services, unless specifically allowed by HHSC rules. B. To submit claims for payment in accordance with HHSC Claims Administrator billing guidelines applicable to the services under the Contract. C. That except as may be specifically authorized by HHSC in writing, if Contractor is required to use an HHSC-approved EVV system, Contractor must ensure that claims for services are supported by service delivery records that have been verified by the Contractor and fully documented in an HHSC-approved EVV system before being submitted for payment. D. That HHSC may make proper adjustments to the Contractor's payments from month to month to compensate for prior overpayments, underpayments or payments not made in accordance with the requirements of this Contract. The Contractor further agrees HHSC may withhold Contractor's payments, in whole or in part, because of differences from whatever cause until such differences are resolved. E. That the Contractor is responsible for payment of any valid audit exceptions found by HHSC, HHS or the Texas Attorney General's Medicaid Fraud Control Unit ("AG-MFCU"). F. That in accordance with §403.0551, Texas Government Code, and unless otherwise prohibited by any other law, any payments due to the Contractor under this Contract will be first applied toward any debt or back taxes the Contractor owes the state of Texas. Payments will be so applied until such debts and back taxes are paid in full. G. That failure to upload EVV data elements or enter the EVV data elements completely, accurately, or in a timely manner, may result in claim denial.

  • Covered Claims Claim" means any claim, dispute or controversy between you and us that in any way arises from or relates to this Agreement, the Account, the issuance of any Card, any rewards program, any prior agreement or account. "Claim" includes disputes arising from actions or omissions prior to the date any Card was issued to you, including the advertising related to, application for or approval of the Account. "Claim" has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). "Claim" does not include disputes about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the prohibition against class proceedings, private attorney general proceedings and/or multiple party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the last sentence of Paragraph

  • Disputed Claims 4.1 Notwithstanding paragraph 4.5 of this Schedule, payment by the Authority of all or any part of any invoice rendered or other claim for payment by the Contractor shall not signify approval of such invoice/claim. The Authority reserves the right to verify invoices/claims after the date of payment and subsequently to recover any sums which have been overpaid. 4.2 If any part of a claim rendered by the Contractor is disputed or subject to question by the Authority either before or after payment then the Authority may call for the Contractor to provide such further documentary and oral evidence as it may reasonably require to verify its liability to pay the amount which is disputed or subject to question and the Contractor shall promptly provide such evidence in a form satisfactory to the Authority. 4.3 If any part of a claim rendered by the Contractor is disputed or subject to question by the Authority, the Authority shall not withhold payment of the remainder. 4.4 If any invoice rendered by the Contractor is paid but any part of it is disputed or subject to question by the Authority and such part is subsequently agreed or determined not to have been properly payable then the Contractor shall forthwith repay such part to the Authority. 4.5 The Authority shall be entitled to deduct from sums due to the Contractor by way of set-off any amounts owed to it or which are in dispute or subject to question either in respect of the invoice for which payment is being made or any previous invoice.

  • Uncontested Claims In the event that the Indemnification ------------------ Representative does not contest a Notice of Claim in writing within thirty (30) calendar days after receipt by the Indemnification Representative of such Notice of Claim, as provided below in Section 2.3(b) (an "Uncontested Claim"), Parent ----------------- may deliver to the Escrow Agent, with a copy to the Indemnification Representative, a written demand by Parent (a "Parent Demand") stating that a ------------- Notice of Claim has been given as required in this Escrow Agreement and that no notice of contest has been received by the Escrow Agent from the Indemnification Representative during the period specified in this Escrow Agreement, and further setting forth the proposed Escrow Adjustments to be made in accordance with this Section 2.3(a). Within thirty (30) calendar days after receipt by the Escrow Agent of the Parent Demand, the Indemnification Representative may object by a written notice delivered to Parent and the Escrow Agent to the computations or other administrative matters relating to the proposed Escrow Adjustments (but may not object to the validity or amount of the Claim previously disclosed in the Notice of Claim and not previously timely objected to under paragraph (b)), whereupon the Escrow Agent shall not make any of the Escrow Adjustments until either: (i) the Escrow Agent shall have received from Parent and the Indemnification Representative written notice setting forth agreed Escrow Adjustments, or (ii) the matter is resolved as provided in Sections 2.3(b) and 2.3(c). Any Escrow Adjustment pursuant to this Section 2.3(a) shall be satisfied by release of a number of Escrow Shares equal to the amount of such Claim divided by the Topaz Average Current Price for the last five (5) days of such thirty day period as certified to the Escrow Agent by Parent as described in Section 2.1. Upon satisfaction of the foregoing, the Escrow Agent, as directed in writing by Parent, and Parent shall promptly take all steps to release the final Escrow Adjustments.

  • Released Claims In consideration of these additional benefits, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchase, or actual purchase of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

  • Contested Claims In the event that the Indemnifying Party disputes the Claimed Amount, as soon as practicable but in no event later than ten (10) days after the receipt of the notice referenced in Section 10.2(b)(ii) hereof, the Parties will begin the process to resolve the matter in accordance with the dispute resolution provisions of Section 1.4 hereof. Upon ultimate resolution thereof, the Parties will take such actions as are reasonably necessary to comply with such agreement or instructions.

  • Insured Claims To indemnify Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties, and amounts paid in settlement) to the extent such expenses or liabilities have been paid directly to Indemnitee by an insurance carrier under a policy of officers’ and directors’ liability insurance maintained by the Company; or

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