Failure to Meet OSPS Sample Clauses

The 'Failure to Meet OSPS' clause defines the consequences and procedures that apply when a party does not achieve the agreed-upon Operational Service Performance Standards (OSPS). Typically, this clause outlines the specific performance metrics that must be met, the process for monitoring compliance, and the remedies or penalties—such as service credits or the right to terminate—that may be triggered by underperformance. Its core function is to ensure accountability and maintain service quality by providing clear recourse if performance standards are not upheld.
Failure to Meet OSPS. ‌ (a) At any time after the sixth full month following the Service Commencement Date, the Developer will notify the Department if the Developer’s scheduled monthly report identifies an instance of the Project’s failure to meet the OSPS (as provided in the Technical Requirements). The notice will describe such failure in reasonable detail. The Department will notify the Developer within 30 Days of its receipt of the Developer’s report whether or not it requires an OSPS Improvement Plan (the “OSPS Improvement Plan”). In the event the failure to meet the OSPS is solely and directly attributable to the Department’s failure to meet its obligations in Section 9.02(b), the Developer will not be required to submit an OSPS Improvement Plan.‌ (b) Upon a notification from the Department pursuant to Section 5.07(a) that the Project requires an OSPS Improvement Plan, the Developer (at its sole cost and expense) will prepare and submit the OSPS Improvement Plan to the Department for its approval. The OSPS Improvement Plan will not be required to propose a general strategy to improve overall OSPS compliance, but will be required to propose a strategy to address the specific reasons which the Developer reasonably believes caused such failure as described in the Developer’s report. The OSPS Improvement Plan will be delivered to the Department within 30 Days of the Department’s notice (or longer if mutually agreed to by the parties) and will cover the matters set forth in Section 5.07(a). The Department will review the OSPS Improvement Plan in accordance with the provisions of Section 10.05. The Developer will diligently implement the elements of the approved OSPS Improvement Plan that are within the control of the Developer promptly following the Department’s approval thereof and within the schedule set forth in such OSPS Improvement Plan. (c) Each OSPS Improvement Plan will be in writing and will set forth a schedule and describe specific actions the Developer and the Department, as applicable, will undertake to improve its OSPS compliance with respect to the failure described in the Developer’s scheduled report. At any time after initial implementation of an OSPS Improvement Plan, or upon a material revision of the OSPS during such time, either party may request a revision of such OSPS Improvement Plan by giving at least 30 Days written notice to the other party, whereupon both parties will review the existing OSPS Improvement Plan and agree in writing to any revisions re...
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Failure to Meet OSPS. (a) At any time after the second full month following the Service Commencement Date, the Concessionaire will notify the Department if the Concessionaire’s scheduled monthly report identifies an instance of the Project’s failure to meet the OSPS (as provided in the Technical Requirements). The notice will describe such failure in reasonable detail. The Department will notify the Concessionaire within 30 Days of its receipt of the Concessionaire’s report whether or not it requires an OSPS Improvement Plan (the “OSPS Improvement Plan”).
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Related to Failure to Meet OSPS

  • Failure to Meet Timelines Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the Employer to comply with the timelines will entitle the Union to move the grievance to the next step of the procedure.

  • Failure to Make Payment In the event a participating Authorized User fails to make payment to the Contractor for Products delivered, accepted and properly invoiced, within thirty calendar days of such delivery and acceptance, the Contractor may, upon five business days advance written notice to both the Commissioner and the Authorized User’s purchasing official, suspend additional shipments of Product or provision of services to such entity until such time as reasonable arrangements have been made and assurances given by such entity for current and future Contract payments.

  • Failure to Defend If the Indemnifying Party, within a reasonable time after notice of any such Claim, fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

  • Failure to Report No compensation shall be granted for the total period of standby if the employee is unable to report for duty when required.

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.