PERFORMANCE VERIFICATION Clause Samples

PERFORMANCE VERIFICATION. The Authority reserves the right to verify the Availability of the IT Environment and/or the Services and the Supplier’s performance under this Agreement against the Performance Indicators including by sending test transactions through the IT Environment or otherwise.

PERFORMANCE VERIFICATION. NextWave will provide to the COMPANY quarterly statistics that define the performance of the network including blocked calls, dropped calls, and frame error rates. In addition, NextWave will provide coverage maps that define the Coverage Area.

PERFORMANCE VERIFICATION. 3.1 The Authority reserves the right to verify the Availability of the IT Environment and/or the Services and the Supplier’s performance under this Agreement against the Performance Indicators including by sending test transactions through the IT Environment or otherwise. : KEY PERFORMANCE INDICATORS AND SUBSIDIARY PERFORMANCE INDICATORS PART A: KEY PERFORMANCE INDICATORS AND SUBSIDIARY PERFORMANCE INDICATORS TABLES‌ The Key Performance Indicators and Subsidiary Performance Indicators that shall apply to the Operational Services are set out below: 1 Key Performance Indicators 2 Subsidiary Performance Indicators

PERFORMANCE VERIFICATION. For all systems JCI will make commercially reasonable efforts to complete the Performance Verification Process within the first sixty (60) days after JCI begins receiving data. JCI will work with Customer to remedy any performance or installation deficiencies that might be detected during the Performance Verification Process. In the event of a performance or installation deficiency, JCI may, in its sole discretion, increase the time period to complete the Performance Verification. If JCI is not able to complete the Performance Verification Process and confirm that the system performs as expected within sixty (60) days after JCI begins receiving data and after JCI has worked in good faith with Customer to remedy any deficiencies that might impact System performance, JCI may, in its sole discretion, either (a) with Customer approval lower the Forecasted Year 1 Annual Energy or the Guarantee Level, or (b) terminate this Agreement and refund any payments made by Customer toward the Cost (to the extent already paid by Customer) identified on Page 1 of this Agreement and any costs paid by Customer, less (i) any payments made by JCI for field services and (ii) any system onboarding and preventative maintenance costs incurred by JCI. If the System experiences performance issues during the Performance Verification Process that are resolved before the process is complete, JCI may, in its sole discretion, exclude the energy losses from such shortfalls from Guarantee Year 1 Annual Energy (without any impact on Guaranteed Annual Energy for subsequent Guarantee Years).

PERFORMANCE VERIFICATION. The Authority reserves the right to verify the Services and the Supplier's performance under this Agreement against the Performance Indicators.

PERFORMANCE VERIFICATION. The Authority reserves the right to verify the Availability of the IT Environment and/or the Services and the Supplier’s performance under this Agreement against the Performance Indicators including by sending test transactions through the IT Environment or otherwise. The Key Performance Indicators and Subsidiary Performance Indicators that shall apply to the Operational Services are set out below: 1 Key Performance Indicators 2 Subsidiary Performance Indicators OPTIONAL SERVICES 3 Key Performance Indicators 4 Subsidiary Performance Indicators

PERFORMANCE VERIFICATION. The Authority reserves the right to verify the Availability of the IT Environment and/or the Services and the Supplier’s performance under this Agreement against the Performance Indicators including by sending test transactions through the IT Environment or otherwise. The Key Performance Indicators and Subsidiary Performance Indicators that shall apply to the Implementation Services, Operational Services and, where applicable the Optional Services, are set out below: No. Key Performance Indicator Title Key Performance Measure Frequency of Measurement Service Availability Severity Levels Service Points Publishable Performance Information KPI1 Availability of named Supplier Representatives during working hours. The Supplier’s Representatives shall be available to be contacted by the Authority between 9am – 5pm on Working Days. The definition of “available” shall include a call back/email within 24 hours but excludes any automated responses, including an “out of office” message. Quarterly Target Performance Level - ≥98% 0 Yes Minor KPI Failure - ≥96% and <98% 1 Serious KPI Failure - ≥94% and <96% 2 Severe KPI Failure - ≥92% and <94% 3 KPI Service Threshold - <92% 4 KPI2 Query resolution time All queries from Authority representatives, Programme attendees and potential attendees, and representatives of their organisations, are resolved within 5 Working Days of receipt by the Supplier unless a longer timescale is formally agreed in advance with the Authority in writing via email. Quarterly Target Performance Level - ≥90% 0 Yes Minor KPI Failure - ≥88% and <90% 1 Serious KPI Failure - ≥86% and <88% 2 Severe KPI Failure - ≥84% and <86% 3 KPI Service Threshold -<84% 4 KPI3 Booking confirmation for programmes Following the application by a potential participant by the agreed nominations deadline, the Supplier will inform the applicant of their offer or rejection no less than 4 weeks before the launch of the first cohort activity, unless a shorter timescale is formally agreed in advance with the Authority in writing via email. Notification for this means a formal letter/email (format as agreed with the Authority) Where a participant is not being offered a place on the cohort the Supplier will supply reasons for the decision. Where the rejection is due to oversubscription a place on the waiting list for the next cohort will be offered. Per Cohort Target Performance Level - ≥98% 0 Yes Minor KPI Failure - ≥96% and <98% 1 Serious KPI Failure - ≥94% and <96% 2 Severe KPI...

PERFORMANCE VERIFICATION. The UK Biobank reserves the right to verify Platform Availability and the Service Provider’s performance under this Agreement against the Performance Indicators including by sending test transactions through the Platform or otherwise.

PERFORMANCE VERIFICATION. 3.1 Network Rail reserves the right to verify the System Availability of the IT Environment and/or the Services and the Supplier’s performance under this Agreement against the Performance Indicators including by sending test transactions through the IT Environment or otherwise. 3.2 The Supplier may be required to submit evidence into Network Rail’s Procurement Tool as evidence to support the information provided in the Balanced Scorecard Report.