Common use of Modifications to Service Levels Clause in Contracts

Modifications to Service Levels. a) The parties mutually acknowledge and agree that this SLA and any particular Service Level may also be amended during the Term of the corresponding Service Addendum in order to, among others (i) add, delete or modify Service Levels, and Conditions Precedent and Excused Performance Problems; and/or (ii) ensure a fair, accurate, and consistent measurement of EVERTEC’s performance hereunder. Any such changes will be established in good faith by mutual agreement of the parties and will be documented in a written amendment to this SLA and the corresponding Service Addendum, as applicable. b) In the event that (i) any applicable hardware, software or function used by EVERTEC to provide the Services is replaced with comparable hardware, software or function during the Term of the corresponding Service; (ii) COMPANY requests changes to such hardware software or function (including adding any new functions); (iii) the manner in which the Services are performed or provided be subject to material changes, including without limitation, the volume of Services required by COMPANY; or (iv) new Service Levels be established for new or existing services, then any corresponding Service Levels may be subject to test and trial periods to ensure their adequacy. The test and probation periods for replacement/modified hardware, software or function will be performed during the initial sixty (60) days of operation of such replacement/modified hardware, software or function. Any new Service Levels will be established at a level intended to achieve performance at least the same as or better than the performance under any previous Service Level associated with the replaced/modified hardware, software or function. c) The duration of any test or trial periods will be determined by the parties. During any such test or trial period, the remedies set forth in this SLA and in any Service Addendum will be placed on hold until such time as the test or trial periods have ended.