Common use of of Exhibit Clause in Contracts

of Exhibit. 4-A to the MPSA occurs, and such event significantly affects the Service Level measurement, Supplier’s performance under any Service Level (including the amount of resources required to maintain such performance) or Supplier’s ability to measure its performance with respect to any of the Service Levels, then either Party shall have the right to request that the other Party consider a fair and appropriate adjustment to the affected Service Levels and/or Acute Target Levels. Upon such a request, the Parties will, in good faith, discuss the impact of such event on (a) Supplier’s performance under each such Service Level; (b) the amount of resources required to maintain performance at or above the applicable Acute Target Levels and (c) Supplier’s ability to measure such Service Levels, with the outcome to equitably reflect the impact of such event(s).

of Exhibit. 4-A to the MPSA occurs, and such event significantly affects the Service Level measurement, Supplier’s performance under any Service Level (including the amount of resources required to maintain such performance) or Supplier’s ability to measure its performance with respect to any of the Service Levels, then either Party shall have the right to request that the other Party consider a fair and appropriate adjustment to the affected Service Levels and/or Acute Target Levels. Upon such a request, the Parties will, in good faith, discuss the impact of such event on (ai) Supplier’s performance under each such Service Level; (bii) the amount of resources required to maintain performance at or above the applicable Acute Target Levels and (ciii) Supplier’s ability to measure such Service Levels, with the outcome to equitably reflect the impact of such event(s).