Common use of Survey Follow-up Clause in Contracts

Survey Follow-up. If the results of any satisfaction survey conducted pursuant to Section 7.6(a) or (b) indicate that the level of satisfaction with Service Provider's performance is less than the applicable Service Level(s) specified in Exhibit 3, Service Provider shall promptly: (i) conduct a Root Cause Analysis as to the cause of such dissatisfaction; (ii) develop an action plan to address and improve the level of satisfaction; (iii) present such plan to DIR for its review, comment and approval; and (iv) take action in accordance with the approved plan and as necessary to improve the level of satisfaction or coordinate actions to improve the level of satisfaction if Service Provider does not have responsibility for the cause of the dissatisfaction. DIR and Service Provider shall establish a schedule for completion of a Root Cause Analysis and the preparation and approval of the action plan which shall be reasonable and consistent with the severity and materiality of the problem; provided, that the time for completion of such tasks shall not exceed thirty (30) days from the date such survey results are finalized and reported. Service Provider's action plan developed hereunder shall specify the specific measures to be taken by Service Provider and the dates by which each such action shall be completed. Within forty-five (45) days after completion of the measures described in such action plan, Service Provider shall conduct follow-up surveys with the affected DIR users and management to confirm that the cause of any dissatisfaction has been addressed and that the level of satisfaction has improved. The Parties recognize that Service Provider's failure to take the actions set forth in such action plan by the agreed upon dates may have an adverse impact on the operations and activities of DIR. Accordingly, if Service Provider fails to attain the levels of satisfaction prescribed in Exhibit 3 or fails to take the actions set forth in the action plan by the agreed upon dates, then, in addition to any other remedies available to DIR under this Agreement at Law or in equity, Service Provider shall pay to DIR the applicable Deliverable Credits specified in the applicable action plan for such failure.

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

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Survey Follow-up. If the results of any satisfaction survey conducted pursuant to Section 7.6(a7.5(a) or (b) indicate that the level of satisfaction with Service Provider's performance is less than the applicable Service Level(s) specified in Exhibit 3, Service Provider shall promptly: (i) conduct a Root Cause Analysis as to the cause of such dissatisfaction; (ii) develop an action plan to address and improve the level of satisfaction; (iii) present such plan to DIR for its review, comment and approval; and (iv) take action in accordance with the approved plan and as necessary to improve the level of satisfaction or coordinate actions to improve the level of satisfaction if Service Provider does not have responsibility for the cause of the dissatisfaction. DIR and Service Provider shall establish a schedule for completion of a Root Cause Analysis and the preparation and approval of the action plan which shall be reasonable and consistent with the severity and materiality of the problem; provided, that the time for completion of such tasks shall not exceed thirty (30) days from the date such survey results are finalized and reported. Service Provider's action plan developed hereunder shall specify the specific measures to be taken by Service Provider and the dates by which each such action shall be completed. Within forty-five (45) days after completion of the measures described in such action plan, Service Provider shall conduct follow-up surveys with the affected DIR users and management to confirm that the cause of any dissatisfaction has been addressed and that the level of satisfaction has improved. The Parties recognize that Service Provider's failure to take the actions set forth in such action plan by the agreed upon dates may have an adverse impact on the operations and activities of DIR. Accordingly, if Service Provider fails to attain the levels of satisfaction prescribed in Exhibit 3 or fails to take the actions set forth in the action plan by the agreed upon dates, then, in addition to any other remedies available to DIR under this Agreement at Law or in equity, Service Provider shall pay to DIR the applicable Deliverable Credits specified in the applicable action plan for such failure.

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

Survey Follow-up. If the results of any satisfaction survey conducted pursuant to Section 7.6(a7.5(a) or (b) indicate that the level of satisfaction with Service Provider's performance is less than the applicable Service Level(s) specified in Exhibit 3, Service Provider shall promptly: (i) conduct a Root Cause Analysis as to the cause of such dissatisfaction; (ii) develop an action plan to address and improve the level of satisfaction; (iii) present such plan to DIR for its review, comment comment, and approval; and (iv) take action in accordance with the approved plan and as necessary to improve the level of satisfaction or coordinate actions to improve the level of satisfaction if Service Provider does not have responsibility for the cause of the dissatisfaction. DIR and Service Provider shall establish a schedule for completion of a Root Cause Analysis and the preparation and approval of the action plan which shall be reasonable and consistent with the severity and materiality of the problem; provided, that the time for completion of such tasks shall not exceed thirty (30) days from the date such survey results are finalized and reported. Service Provider's action plan developed hereunder shall specify the specific measures to be taken by Service Provider and the dates by which each such action shall be completed. Within forty-five (45) days after completion of the measures described in such action plan, Service Provider shall conduct follow-up surveys with the affected DIR users and management to confirm that the cause of any dissatisfaction has been addressed and that the level of satisfaction has improved. The Parties recognize that Service Provider's failure to take the actions set forth in such action plan by the agreed upon dates may have an adverse impact on the operations and activities of DIR. Accordingly, if Service Provider fails to attain the levels of satisfaction prescribed in Exhibit 3 or fails to take the actions set forth in the action plan by the agreed upon dates, then, in addition to any other remedies available to DIR under this Agreement at Law or in equity, Service Provider shall pay to DIR the applicable Deliverable Credits specified in the applicable action plan for such failure.

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

Survey Follow-up. If the results of any satisfaction survey conducted pursuant to Section 7.6(a) or (b) indicate that the level of satisfaction with Service Provider's Supplier’s performance is less than the applicable Service Level(s) target level specified in Exhibit 3Exhibits 3 and/or 14, Service Provider Supplier shall promptly: (i) conduct a Root Cause Analysis as to the cause of such dissatisfaction; (ii) develop an action plan to address and improve the level of satisfaction; (iii) present such plan to DIR New Century for its review, comment and approval; and (iv) take action in accordance with the approved plan and as necessary to improve the level of satisfaction or coordinate actions to improve the level of satisfaction if Service Provider does not have responsibility for the cause of the dissatisfactionsatisfaction. DIR New Century and Service Provider Supplier shall establish a schedule for completion of a such Root Cause Analysis and the preparation and approval of the action plan which shall be reasonable and consistent with the severity and materiality of the problem; provided, that the time for completion of such tasks the Root Cause Analysis and the preparation and approval of the action plan shall not exceed thirty (30) days from the date such user survey results are finalized and reported. Service Provider's Supplier’s action plan developed hereunder shall specify the specific measures to be taken by Service Provider Supplier and the dates by which each such action shall be completed. Within forty-five thirty (4530) days after the completion of the measures described in such action plan, Service Provider Supplier shall conduct follow-up surveys with the affected DIR New Century users and management to confirm that the cause of any dissatisfaction has been addressed and that the level of satisfaction has improved. Supplier shall perform the Root Cause Analyses as part of the Services and at no additional Charge to New Century; however, if the Root Cause Analysis reveals that the dissatisfaction is not attributable to Supplier’s failure to perform its responsibilities under this Agreement, remedial action by Supplier Personnel (other than members of the program management office) to correct such problem shall be treated as a Project pursuant to Section 4.5 of this Agreement and Section 10 of Exhibit 4. The Parties recognize that Service Provider's Supplier’s failure to take the actions set forth in such action plan by the agreed upon dates may have an adverse impact on the business and operations of New Century and activities of DIRthe Eligible Recipients. Accordingly, if Service Provider fails to attain the levels of satisfaction prescribed in Exhibit 3 or Supplier fails to take the actions set forth in the action plan by the agreed upon dates, then, in addition to any other remedies available to DIR New Century under this Agreement Agreement, at Law law or in equity, Service Provider Supplier shall pay to DIR New Century the applicable Deliverable Credits specified in the applicable such action plan for such failure.

Appears in 1 contract

Samples: Professional Services Agreement (New Century Financial Corp)

Survey Follow-up. If the results of any satisfaction survey conducted pursuant to Section SECTION 7.6(a) or (b) indicate that the level of satisfaction with Service Provider's performance is less than the applicable Service Level(s) target level specified in Exhibit 3SCHEDULE G and/or SCHEDULE Q, Service Provider shall promptly: (i) conduct a Root Cause Analysis as to the cause of such the management or End User dissatisfaction; (ii) develop an action plan to address Final Confidential and Proprietary Information of IBM and Xxxxxxxx and improve the level of satisfaction; (iii) present such plan to DIR Xxxxxxxx for its review, comment and approval; and (iv) take action in accordance with the approved plan and as necessary to improve the level of satisfaction or coordinate actions to improve the level of satisfaction if Service Provider does not have responsibility for the cause of the dissatisfactionsatisfaction. DIR Xxxxxxxx and Service Provider shall establish a schedule for completion of a Root Cause Analysis and the preparation and approval of the action plan which shall be reasonable and consistent with the severity and materiality of the problem; provided, that the time for completion of such tasks shall not exceed thirty (30) days from the date such user survey results are finalized and reported. Service Provider's action plan developed hereunder shall specify the specific measures to be taken by Service Provider and the dates by which each such action shall be completed. Within forty-five (45) days after completion Following implementation of the measures described in such action plan, Service Provider shall conduct follow-up surveys with the affected DIR Xxxxxxxx users and management to confirm that the cause of any dissatisfaction has been addressed and that the level of satisfaction has improved. The Parties recognize that Service Provider's failure to attain the prescribed levels of satisfaction or to take the actions set forth in such action plan by the agreed upon dates may have an adverse impact on the business and operations of Xxxxxxxx and activities the Eligible Recipients and that certain damages resulting from Provider's failure to do so may not be capable of DIRprecise determination. Accordingly, if Service Provider fails to attain the levels of satisfaction prescribed in Exhibit 3 or fails to take the actions set forth in the action plan by the agreed upon dates, then, in addition to any other remedies available to DIR Xxxxxxxx under this Agreement at Law law or in equity, Service Provider shall pay to DIR Xxxxxxxx the applicable Deliverable Service Level Credits specified in the applicable action plan for such failure.SCHEDULE G.

Appears in 1 contract

Samples: Master Professional Services Agreement (Williams Companies Inc)

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Survey Follow-up. If the results of any satisfaction survey conducted pursuant to Section 7.6(a) or (b) indicate that the level of satisfaction with Service Provider's Supplier’s performance of the Services is less than the applicable Service Level(s) target level specified in Exhibit 3Schedule G and/or Q, Service Provider Supplier shall promptly: (i) conduct a Root Cause Analysis as to analyze and report on the root cause of such the management or Authorized User dissatisfaction; (ii) develop an action plan to address and improve the level of satisfaction; (iii) present such plan to DIR ABM for its review, comment and approval; and (iv) take action in accordance with the approved plan and as necessary to improve the level of satisfaction or coordinate actions to improve the level of satisfaction if Service Provider does not have responsibility for the cause of the dissatisfactionsatisfaction. DIR ABM and Service Provider Supplier shall establish a schedule for completion of a Root Cause Analysis and the preparation and approval of the action plan which shall be reasonable and consistent with the severity and materiality of the problem; provided, that the time for completion of such tasks shall not exceed thirty (30) days from the date such user survey ABM/IBM Proprietary Information results are finalized and reportedreported or as otherwise agreed. Service Provider's The action plan developed hereunder shall specify the specific measures to be taken by Service Provider Supplier and the dates by which each such action shall be completed. Within forty-five (45) days after The Parties may, by agreement, establish Deliverable Credits associated with the completion of the measures described particular activities by specified dates. Supplier shall implement such action plan in accordance with its terms. Following implementation of such action plan, Service Provider shall Supplier will conduct follow-up surveys with the affected DIR ABM users and management to confirm that the cause of any dissatisfaction has been addressed and that the level of satisfaction has improved. The Parties recognize that Service Provider's Supplier’s failure to attain the prescribed levels of satisfaction or to take the actions set forth in such action plan by the agreed upon dates may have an adverse impact on the business and operations of ABM and activities the Eligible Recipients and that certain damages resulting from Supplier’s failure to do so may not be capable of DIRprecise determination. Accordingly, if Service Provider Supplier fails to attain the levels of satisfaction prescribed in Exhibit 3 Schedule G, then, in addition to any other remedies available to ABM under this Agreement, at law or in equity, Supplier shall pay to ABM the Service Level Credits specified in Schedule G. In addition, if Supplier fails to take the actions set forth in the action plan by the agreed upon dates, then, in addition to any other remedies available to DIR ABM under this Agreement Agreement, at Law law or in equity, Service Provider Supplier shall pay to DIR ABM the applicable Deliverable Credits Credits, if any, specified and agreed upon in the applicable such action plan for such failure.

Appears in 1 contract

Samples: Master Professional Services Agreement (Abm Industries Inc /De/)

Survey Follow-up. If the results of any satisfaction survey conducted pursuant to Section 7.6(a) or (b) indicate that the level of satisfaction with Service Provider's Supplier’s performance is less than the applicable Service Level(s) target level specified in Exhibit 3Schedule G, Service Provider Supplier shall promptly: (i) conduct a Root Cause Analysis as to the cause of such dissatisfaction; (ii) develop an action plan to address and improve the level of satisfaction; (iii) present such plan to DIR Triad for its review, comment and approval; and (iv) take action in accordance with the approved plan and as necessary to improve the level of satisfaction or coordinate actions to improve the level of satisfaction if Service Provider does not have responsibility for the cause of the dissatisfactionsatisfaction. DIR Triad and Service Provider Supplier shall establish a schedule for completion of a Root Cause Analysis and the preparation and approval of the action plan which shall be reasonable and consistent with the severity and materiality of the problem; provided, that the time for completion of such tasks shall not exceed thirty (30) days from the date such survey results are finalized and reported. Service Provider's Supplier’s action plan developed hereunder shall specify the specific measures to be taken by Service Provider the Parties and the dates by which each such action shall be completed. Within forty-five (45) days Promptly after completion of the measures described in such action plan, Service Provider Supplier shall conduct follow-up surveys with the affected DIR users Triad Authorized Users and management to confirm that the cause of any dissatisfaction has been addressed and that the level of satisfaction has improved. The Parties recognize that Service Provider's failure to take the actions set forth in such action plan by the agreed upon dates may have an adverse impact on the operations and activities of DIR. Accordingly, if Service Provider If Supplier fails to attain the levels of satisfaction prescribed in Exhibit 3 Schedule G or fails to take the actions set forth in the action plan by the agreed upon dates, then, in addition to any other remedies available to DIR Triad under this Agreement at Law law or in equity, Service Provider Supplier shall pay to DIR Triad the applicable Service Level Credits and/or Deliverable Credits specified in Schedule G or the applicable action plan for such failureplan.

Appears in 1 contract

Samples: Master Services Agreement (Triad Hospitals Inc)

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