Agreement to Maintain Performance Standards Clause Samples

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Agreement to Maintain Performance Standards. At all times during the Term, Bank shall perform its services hereunder and conduct the Card Program in accordance with this Agreement, Applicable Law and generally accepted industry practices applicable from time to time. Without limiting the generality of the foregoing, Bank shall maintain the capability, to the same extent available under the Original Agreement, to provide (i) transmission of Applications and other credit information between Banks and Stores by facsimile and (ii) credit services to Cardholders in Spanish, including without limitation Applications, Required Disclosures, customer service, Account statements, collection letters, and interactive voice response on customer Account information lines. Bank shall at all times during the Term maintain up-to-date industry standard or better hardware and software, including without limitation, fraud protection software and other industry standard fraud protection devices. During the period beginning on the Effective Date and continuing throughout the Term, unless a later date than the Effective Date is specified in the Performance Standards as the date by which Bank must comply with a particular Performance Standard (in which case, Bank shall meet such Performance Standard on such later date), Bank shall comply with all Performance Standards.
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Agreement to Maintain Performance Standards. At all times during the term of this Agreement, Bank shall perform its services hereunder and conduct the Card Program in a first class manner in accordance with this Agreement, Applicable Law and generally accepted industry practices applicable from time to time. Without limiting the generality of the foregoing, Bank shall, upon Conversion, in addition to the other requirements applicable upon Conversion, have the capability, to the same extent available under the card program provided by JNB to Zale prior to execution of this Agreement, to provide (i) transmission of Applications and other credit information between Banks and Stores by facsimile and (ii) credit services to Cardholders in Spanish, including without limitation, Applications, Required Disclosures, customer service, Account statements, collection letters, and interactive voice response on customer Account information lines. Bank shall at all times during the term hereof maintain up-to-date industry standard or better hardware and software, including without limitation, fraud protection software and other industry standard fraud protection devices. During the period beginning on the Effective Date and continuing throughout the term of this Agreement, unless a later date than the Effective Date is specified in the Performance Standards as the date by which Bank must comply with a particular Performance Standard (in which case, Bank shall meet such Performance Standard on such later date), Bank shall comply fully with all Performance Standards and shall be fully liable for any failure to comply with such Performance Standards; provided, however, that prior to Conversion Bank shall not be liable for liquidated damages resulting from any failure to comply with such Performance Standards solely to the extent such failure to comply is directly caused by the acts or omissions of ADS Alliance Data Systems, Inc., as provider of services to Zale under that certain Credit Services Processing Agreement dated May 5, 1998 among ADS Alliance Data Systems, Inc., Z Del and Jewelers Financial Services.
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Related to Agreement to Maintain Performance Standards

  • Performance Standards The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.

  • Quarterly Contractor Performance Reporting Customers shall complete a Contractor Performance Survey (Exhibit I) for each Contractor on a Quarterly basis. Customers will electronically submit the completed Contractor Performance Survey(s) to the Department Contract Manager no later than the due date indicated in Contract Exhibit D, Section 17, Additional Special Contract Conditions. The completed Contractor Performance Survey(s) will be used by the Department as a performance-reporting tool to measure the performance of Contractors. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MyFloridaMarketPlace or on the Department's website).

  • KEY PERFORMANCE INDICATORS 10.1 The Supplier shall at all times during the Framework Period comply with the Key Performance Indicators and achieve the KPI Targets set out in Part B of Framework Schedule 2 (Goods and/or Services and Key Performance Indicators).

  • CONTRACTOR PERFORMANCE AUDIT The Contractor shall allow the Authorized User to assess Contractor’s performance by providing any materials requested in the Authorized User Agreement (e.g., page load times, response times, uptime, and fail over time). The Authorized User may perform this Contractor performance audit with a third party at its discretion, at the Authorized User’s expense. The Contractor shall perform an independent audit of its Data Centers, at least annually, at Contractor expense. The Contractor will provide a data owner facing audit report upon request by the Authorized User. The Contractor shall identify any confidential, trade secret, or proprietary information in accordance with Appendix B, Section 9(a), Confidential/Trade Secret Materials.

  • Performance Standard Contractor shall perform all work hereunder in a manner consistent with the level of competency and standard of care normally observed by a person practicing in Contractor's profession. County has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor hereby agrees to provide all services under this Agreement in accordance with generally accepted professional practices and standards of care, as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Contractor’s work by County shall not operate as a waiver or release. If County determines that any of Contractor's work is not in accordance with such level of competency and standard of care, County, in its sole discretion, shall have the right to do any or all of the following: (a) require Contractor to meet with County to review the quality of the work and resolve matters of concern; (b) require Contractor to repeat the work at no additional charge until it is satisfactory; (c) terminate this Agreement pursuant to the provisions of Article 4; or (d) pursue any and all other remedies at law or in equity.