Common use of Exceptions to Service Levels Clause in Contracts

Exceptions to Service Levels. Contractor shall be excused for its failure to meet any Service Level, and no Service Credit shall be provided, if such failure is attributable to any of the following: a. The State’s failure to perform its obligations under the Agreement that affects the performance of the Contractor Solution or hinders Contractor’s performance of the Services, including failure caused by the State Systems; or b. The performance of a third party not under Contractor’s control, but excluding Contractor subcontractors; or c. Unforeseen material volumes increases (i.e., in excess of double the State’s normal volumes) based on changes in the State’s business operations, processes or methodology for which the State has failed to give Contractor sufficient advance written notice; or d. For Services that are dependent on a data feed from a State System or a third party system that the State has contracted for, a faulty, bad or incomplete data feed from such State System or third party system. However, in each case, Contractor must (i) notify the State in writing reasonably promptly of becoming aware of the issue and its impact on the Service Levels, (ii) take commercially reasonable efforts to mitigate the impact of the State’s or the Third Party’s acts or omissions and