Common use of Continuous Improvement Reviews Clause in Contracts

Continuous Improvement Reviews. Once each year, beginning in the second Contract Year, TXU and Vendor shall periodically review the Service Levels and the performance data collected and reported by Vendor in accordance with Schedule G to the applicable Services Agreement. As part of this review process, the Parties shall, at no additional cost to TXU, increase the Service Levels to reflect the higher performance levels actually attained by Vendor in accordance with Schedule G to the applicable Services Agreement; provided, however, that such actual higher performance was not achieved through the use of additional resources. The Parties may agree, to the extent reasonable and appropriate, to (i) increase the Service Levels to reflect improved performance capabilities associated with advances in the proven processes, technologies and methods available to perform the Services, (ii) add new Service Levels to permit further measurement or monitoring of the accuracy, quality, completeness, timeliness, responsiveness, cost-effectiveness, or productivity of the Services, (iii) modify or increase the Service Levels to reflect changes in the processes, architecture, standards, strategies, needs or objectives defined by TXU, and (iv) modify or increase the Service Levels to reflect agreed upon changes in the manner in which the Services are performed by Vendor. Notwithstanding the foregoing, nothing in this Section 7.4 shall be construed as changing the initial Service Levels for the purpose of determining any Service Level failure or penalty under this Agreement or the Services Agreements.

Continuous Improvement Reviews. Once each year, beginning in the second Contract Year, TXU Oncor and Vendor shall periodically review the Service Levels and the performance data collected and reported by Vendor in accordance with Schedule G to the applicable Services Agreement. As part of this review process, the Parties shall, at no additional cost to TXUOncor, increase the Service Levels to reflect the higher performance levels actually attained by Vendor in accordance with Schedule G to the applicable Services Agreement; provided, however, that such actual higher performance was not achieved through the use of additional resources. The Parties may agree, to the extent reasonable and appropriate, to (i) increase the Service Levels to reflect improved performance capabilities associated with advances in the proven processes, technologies and methods available to perform the Services, (ii) add new Service Levels to permit further measurement or monitoring of the accuracy, quality, completeness, timeliness, responsiveness, cost-effectiveness, or productivity of the Services, (iii) modify or increase the Service Levels to reflect changes in the processes, architecture, standards, strategies, needs or objectives defined by TXUOncor, and (iv) modify or increase the Service Levels to reflect agreed upon changes in the manner in which the Services are performed by Vendor. Notwithstanding the foregoing, nothing in this Section 7.4 shall be construed as changing the initial Service Levels for the purpose of determining any Service Level failure or penalty under this Agreement or the Services Agreements.