Excused Performance Problems Sample Clauses

Excused Performance Problems a) In addition to any other Excused Performance Problem that may be established for a particular Service, EVERTEC will not be liable to COMPANY (and no SLCs will apply) for any failure to meet a Service Level to the extent that such failure is attributable to: (i) an Event of Force Majeure, (ii) acts or omissions of COMPANY or COMPANY’s Third Party providers; (iii) breaches of this SLA, the Service Addendum and/or the Master Agreement by COMPANY or COMPANY’s Third Party providers; (iv) problems in COMPANY’s Third Party providers of local area networks and telecommunication lines; and (v) downtime for Scheduled Maintenance (defined below) or emergency maintenance previously coordinated with and/or notified to COMPANY that is undertaken outside of Hours of Operations. b) Scheduled hours of Availability will exclude agreed upon scheduled outages for which EVERTEC needs to perform regular technical maintenance (“Scheduled Maintenance”), which may result in downtime during this window. In addition, in cases where corrective or priority outages are necessary, EVERTEC shall provide forty-eight (48) hours’ prior notice of any such corrective or priority outage specifying the duration of same. EVERTEC will use commercially reasonable efforts to effect Scheduled Maintenance and any other planned outages during hours other than Peak Hours; provided, however, that Scheduled Maintenance during Hours of Operations will be considered “down time” for purposes of determining EVERTEC’s compliance with its obligations for a particular Service Level. Each Service will list any applicable Scheduled Maintenance that will operate as an Excused Performance Problem. c) Furthermore, the Service Levels do not contemplate rapid increases in volume which are not previously notified to EVERTEC by COMPANY. As such, COMPANY agrees to notify EVERTEC within a reasonable commercial time period if it can reasonably foresee an increase in its production volume, so as EVERTEC may take reasonable measures to ensure its continued compliance with the Service Levels. To the extent such notice is provided within a reasonable commercial time period, such instance of increased production volume will not be considered an Excused Performance Problem. Should a particular Service cycle represent an increase in production volume of Services of 20% or more of the normal production volume, EVERTEC agrees to exercise Best Efforts to provide the Services in accordance with the Service Levels; provided, howeve...
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Excused Performance Problems. (a) The following are excused performance problems to the extent that each has caused degradations or failures of Service Provider’s performance and shall not constitute a Service Level Default (each an “Excused Performance Problem”): (i) Service or resource reductions requested or approved by Client and agreed by the Parties through Change Control; (ii) Client’s or any member of the Client Group or any Client Representative’s failure to fulfill its material obligations under this Agreement or to take corrective action with respect to tasks allocated to Client in Schedule A of the applicable Service Agreement or other Retained Services; (iii) performance failures under Managed Agreements; (iv) Force Majeure Events as described in and subject to Section 26.08; (v) Failures by [***]* to follow and comply with their responsibilities set out in the Procedures Manual and any other rules, policies or procedures of which they have been notified in writing relating to Service Provider’s provision of Services; (vi) The introduction of a hardware and/or software virus provided that Service Provider has performed its obligations to prevent the introduction of such a virus; (vii) Infringement of third party Intellectual Property rights by Client Group or Client Representatives; (viii) Failures to meet Service Levels while operating [***]*; (ix) Deficiencies in Assets acquired from Client Group, or in resources, systems, or processes provided by Client Group or Client Representatives in connection with the Services; or (x) Failure by Client Group or Client Representatives to provide access, and other rights and services, to hardware and software set out in Schedule A as Client Group responsibilities to the applicable Service Agreement. (b) Service Provider and Client shall use Commercially Reasonable Efforts to continue to provide the Services and Client shall use Commercially Reasonable Efforts to mitigate the effects of the foregoing circumstances. Each Party will notify the other Party of any of the problems or conditions described in Section 7.06(a) above promptly after discovery of what that Party considers to be an Excused Performance Problem and take reasonable actions to avoid any continued or recurring problems impacting the Services.
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Excused Performance Problems. Fidelity shall not be liable for any failure to meet a service level to the extent that such failure is attributable to: (i) a force majeure event; or (ii) acts or omissions of Customer; or (iii) Customer’s breach of its obligations under this Schedule.
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Excused Performance Problems. FIS shall not be liable to Client or its End Users for any failure to meet a Service Level (“Problem”) to the extent that such failure is attributable to: (i) a Force Majeure event as defined in the Agreement; or (ii) acts or omissions of Client or its End Users; or (iii) breaches of the Agreement by Client or its End Users. The foregoing are referred to herein collectively as “Excused Performance Problems.”
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Excused Performance Problems. The Company will not be liable to the Institution for any failure to meet a service level to the extent that such failure is attributable to the following: (i) acts, omissions, or errors of the Institution or an End User, (ii) breaches of the Agreement by the Institution, (iii) any software, hardware, systems or connections not provided or controlled by the Company, (iv) failure of the internet or an internet service provider, (v) failure of the Institution’s or an End User’s software, hardware, systems or
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Related to Excused Performance Problems

  • Excused Performance In case performance of any terms or provisions hereof shall be delayed or prevented because of compliance with any law, decree or order of any governmental agency or authority, whether the same shall be of Local, State or Federal origin, or because of riots, war, public disturbances, strikes, lockouts, differences with workmen, fires, floods, acts of God or any other reason whatsoever which is not within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, said party is unable to prevent, the party so suffering may, at its option, suspend, without liability, the performance of its obligations hereunder during the period of such suspension of performance of duties hereunder.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • OUTCOME IF GRANTEE CANNOT COMPLETE REQUIRED PERFORMANCE Unless otherwise specified in this Statement of Work, if Grantee cannot complete or otherwise comply with a requirement included in this Statement of Work, HHSC, at its sole discretion, may impose remedies or sanctions outlined under Contract Attachment D, Local Mental Health Authority Special Conditions, Section 7.09 (Remedies and Sanctions). CONTRACT NO. HHS001324500038

  • Continuing Performance In the event of a dispute, the Owner and the Developer agree to continue their respective performance hereunder to the extent feasible in light of the dispute, including paying ▇▇▇▇▇▇▇▇, and such continuation of efforts and payment of ▇▇▇▇▇▇▇▇ shall not be construed as a waiver of any legal right.

  • Continued Performance The Contractor and Contractor Parties shall continue to Perform their obligations under the Contract while any dispute concerning the Contract is being resolved.