Termination for Repeated Individual Critical Service Level Failures Sample Clauses

Termination for Repeated Individual Critical Service Level Failures. Either Party shall have the right to terminate the Program in the event that, at any time after the Effective Date, Servicer fails to achieve the Default Percentage with respect to the same Service Level during any [*] ([*]) [*] calendar [*] or during any [*] ([*]) calendar [*] during any rolling [*] ([*]) calendar [*] period during the Term (each a “Repeated SLA Failure”), excluding any calendar [*] for which a grace period applies. Notwithstanding the foregoing, this provision shall not apply to Repeated SLA Failures with respect to “Non-Termination Right Service Levels,” if indicated as such on Exhibit A. EXHIBIT A TO SCHEDULE 3-C Service Levels for Which Servicer is Responsible: 1. Authorization Percentage of Any full minute Total minutes Available for [*] % [*] % [*] Availability Availability of the that the Use divided by total Authorization Authorization minutes in the calendar System System is not month minus Excused available for use Downtime 2. Activation Percentage of An Activation Number of Activation [*] % [*] % [*] Response Activation Response sent to Responses sent to Bank in Responses sent to Bank more than 20 20 seconds or less after Bank in 20 seconds seconds after receipt of an Activation or less after receipt of an Request divided by the receipt of an Activation Request total number of Activation Activation Request Requests 3. IVR Availability Percentage of Any full minute Total minutes Available for [*] % [*] % [*] Availability of the that the Bank IVR Use divided by total Bank IVR is not Available minutes in the for Use calendar month minus Excused Downtime. 4. Call Response Percentage of calls Calls answered by a Number of calls answered in [*] % [*] % [*] Timeliness answered by a live live representative 120 seconds or less divided representative in after more than 120 by the total 120 seconds seconds of holding number of calls offered 5. Call Abandonment Percentage of calls Any call that is Total calls abandoned while [*] % [*] % [*] abandoned while terminated while waiting for a live waiting for a live waiting for a representative divided by customer service customer service the total calls offered representative representative 6. Call Quality Percent of calls Call that does not Number of calls [*] % [*] % [*] meeting mutually meet the mutually meeting the (by Bank and Green agreed upon call mutually agreed Dot) agreed upon quality standard upon call standard quality standard for acceptable for an acceptable call, per mutually cal...
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Termination for Repeated Individual Critical Service Level Failures. Either Party shall have the right to terminate the Wal-Mart Program in the event that, at any time after the Effective Date, Servicer fails to achieve the Default Percentage with respect to the same Service Level during any [***] or during any [***] months during any rolling [***] calendar [***] period during the Term (each a “Repeated SLA Failure”), excluding any calendar [***] for which a grace period applies. Notwithstanding the foregoing, this provision shall not apply to Repeated SLA Failures with respect to “Non- Termination Right Service Levels,” if indicated as such on Exhibit A. *** Confidential material redacted and filed separately with the Commission I. Service Levels for Which Servicer is Responsible:
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Termination for Repeated Individual Critical Service Level Failures. Either Party shall have the right to terminate the Wal-Mart Program in the event that, at any time after the Effective Date, Servicer fails to achieve the Default Percentage with respect to the same Service Level during any [*] ([*]) [*] or during any [*] ([*]) [*] months during any rolling [*] ([*]) calendar [*] period during the Term (each a “Repeated SLA Failure”), excluding any calendar [*] for which a grace period applies. Notwithstanding the foregoing, this provision shall not apply to Repeated SLA Failures with respect to “Non- Termination Right Service Levels,” if indicated as such on Exhibit A. I. Service Levels for Which Servicer is Responsible:
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Related to Termination for Repeated Individual Critical Service Level Failures

  • Termination for Force Majeure 15.5.1. The License Agreement may be terminated for Force Majeure Reasons as specified in Article -14.

  • Six Month Delay for Specified Employees If any payment, compensation or other benefit provided to the Executive in connection with his employment termination is determined, in whole or in part, to constitute “nonqualified deferred compensation” within the meaning of Section 409A and the Executive is a “specified employee” as defined in Section 409A, no part of such payments shall be paid before the day that is six months plus one day after the Executive’s date of termination or, if earlier, the Executive’s death (the “New Payment Date”). The aggregate of any payments that otherwise would have been paid to the Executive during the period between the date of termination and the New Payment Date shall be paid to the Executive in a lump sum on such New Payment Date. Thereafter, any payments that remain outstanding as of the day immediately following the New Payment Date shall be paid without delay over the time period originally scheduled, in accordance with the terms of this Agreement.

  • Reporting of Non-Force Majeure Events Each Party (the “Notifying Party”) shall notify the other Parties when the Notifying Party becomes aware of its inability to comply with the provisions of this Agreement for a reason other than a Force Majeure event. The Parties agree to cooperate with each other and provide necessary information regarding such inability to comply, including the date, duration, reason for the inability to comply, and corrective actions taken or planned to be taken with respect to such inability to comply. Notwithstanding the foregoing, notification, cooperation or information provided under this Article shall not entitle the Party receiving such notification to allege a cause for anticipatory breach of this Agreement.

  • Grantee Responsibility for System Agency’s Termination Costs If the System Agency terminates the Grant Agreement for cause, the Grantee shall be responsible to the System Agency for all costs incurred by the System Agency and the State of Texas to replace the Grantee. These costs include, but are not limited to, the costs of procuring a substitute grantee and the cost of any claim or litigation attributable to Xxxxxxx’s failure to perform any work in accordance with the terms of the Grant Agreement.

  • Termination Payment for Force Majeure Event 30.9.1 If Termination is on account of a Non-Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to 55% (fifty five per cent) of the Debt Due less Insurance Cover. 30.9.2 If Termination is on account of an Indirect Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to: (a) 55% of the Debt Due less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Debt Due; (b) 60.5% (sixty point five per cent) of the Adjusted Equity; and 30.9.3 If Termination is on account of a Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount that would be payable under Clause 33.3.2 as if it were Authority’s Default.

  • Contractor Responsibility for System Agency’s Termination Costs If the System Agency terminates the Contract for cause, the Contractor shall be responsible to the System Agency for all costs incurred by the System Agency and the State of Texas to replace the Contractor. These costs include, but are not limited to, the costs of procuring a substitute vendor and the cost of any claim or litigation attributable to Contractor’s failure to perform any Work in accordance with the terms of the Contract.

  • Termination for continuing Force Majeure Event Either Party may, by written notice to the other, terminate this Framework Agreement if a Force Majeure Event endures for a continuous period of more than one hundred and twenty (120) Working Days.

  • Contractor Certification for Contractor Employees Introduction Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. I certify that: NONE (Section A) of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided. OR SOME (Section B) or all of the employees of Contractor and any subcontractor are covered employees. If this box is checked, I further certify that: (1) Contractor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history.

  • Termination for Non-Appropriation The continuation of this Contract beyond the current fiscal year is subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the City. The City may terminate this Contract, and Contractor waives any and all claim(s) for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any reason the City’s funding from State and/or federal sources is not appropriated or is withdrawn, limited, or impaired.

  • Termination Notice for Force Majeure Event If a Force Majeure Event subsists for a period of 180 (one hundred and eighty) days or more within a continuous period of 365 (three hundred and sixty five) days, either Party may in its discretion terminate this Agreement by issuing a Termination Notice to the other Party without being liable in any manner whatsoever, save as provided in this Article 34, and upon issue of such Termination Notice, this Agreement shall, notwithstanding anything to the contrary contained herein, stand terminated forthwith; provided that before issuing such Termination Notice, the Party intending to issue the Termination Notice shall inform the other Party of such intention and grant 15 (fifteen) days time to make a representation, and may after the expiry of such 15 (fifteen) days period, whether or not it is in receipt of such representation, in its sole discretion issue the Termination Notice.

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