Service Failures Sample Clauses

Service Failures. 20.1 Where the Supplier is in breach of, or is aware that it likely to be in imminent breach of, any of the following terms of this Framework Agreement: 20.1.1 Initial Stock Level (Clause 15 of Schedule 1); 20.1.2 Framework Stock Level (Clause 16 of Schedule 1); 20.1.3 Tail-off Stock Level (Clause 17 of Schedule 1); 20.1.4 Stock Level Failure and reporting (Clause 19 of Schedule 1) 20.1.5 Business Continuity Plan (Clause 7 of this Schedule 2); 20.1.6 Management Information (Clause 10 of this Schedule 2); 20.1.7 Sales Information (Clause 24 of this Schedule 2); or 20.1.8 Key Performance Indicators (Schedule 5), the Supplier must inform the Authority as soon as possible and in any event within 24 hours of becoming aware of the breach or the likely imminent breach. 20.2 The Supplier must as soon as possible and in any case within 24 hours of becoming aware of the breach or the likely imminent breach of the terms set out in Clause 20.1 above provide to the Authority in writing the following: 20.2.1 confirmation as to whether the Supplier is confident it can remedy such breach; 20.2.2 information as to how the Supplier intends remedying such breach; and 20.2.3 the timeframe for rectifying the breach. 20.3 Without prejudice to any other rights or remedy the Authority may have, where the Supplier is in breach of any the terms set out in Clause 20.1 above the Authority may, without prejudice to its other rights and remedies under this Framework Agreement, issue notice of the breach and allow the Supplier the opportunity to remedy such breach in the first instance via a remedial proposal put forward by the Supplier ("Service Failure Remedial Proposal") before exercising any right to serve a Service Failure Notice under this Clause 20.1. Such Service Failure Remedial Proposal must be agreed with the Authority (such agreement not to be unreasonably withheld or delayed) and must be implemented by the Supplier in accordance with the timescales referred to in the agreed Service Failure Remedial Proposal. Once agreed, any changes to a Service Failure Remedial Proposal must be approved by the Parties in writing. Should the Supplier fail to: 20.3.1 put forward and agree a Service Failure Remedial Proposal with the Authority in relation to the relevant default or breach within a period of ten (10) Business Days (or such other period as the Authority may agree in writing) from written notification of the relevant default or breach from the Authority; 20.3.2 comply with such ...

Service Failures. (i) To the extent Provider experiences a problem or delay in providing the Services, Provider will promptly notify the applicable Authorized Person and use Commercially Reasonable Efforts to continue performing the Services in accordance with the Service Levels. (ii) The BFA Recipients will use Commercially Reasonable Efforts to mitigate the impact of Provider’s non-performance to the extent the problem or delay relates to matters described in Section 6.3(b)(i). (iii) If Provider is unable to meet its obligations under this Agreement as a result of the matters described in Section 6.3(b)(i), Provider’s non-performance of the affected Services will be excused to the extent that Provider provides the affected BFA Recipients with reasonable notice of such non-performance and uses Commercially Reasonable Efforts to perform notwithstanding such BFA Recipient’s failure to perform. Master Services Agreement CONFIDENTIAL (iv) Material costs incurred by either Party in the event of a delay or failure for reasons outside of the control of the Parties will be allocated as agreed between the Parties.

Service Failures. Owner Operators and Employees will not be formally disciplined for the first service failure in a calendar month. The first occurrence for the month will result in an advisement/ coaching session which will be documented and kept on file with a copy being sent to the local chairperson. If a second occurrence happens within the calendar month, the normal discipline process will be followed.

Service Failures. Client accepts that Services may not be uninterrupted, error-free, or on a completely secure basis. Host shall have no obligation to credit Client any amount for any such failure in the event that Host fails to provide Service and Host determines in its reasonable judgment that such failure was the result of:

Service Failures. (i) To the extent State Street experiences a problem or delay in providing the Services, State Street will promptly notify the applicable Authorized Person and use Commercially Reasonable Efforts to continue performing the Services in accordance with the Service Levels. (ii) The BFA Recipients will use Commercially Reasonable Efforts to mitigate the impact of State Street’s non-performance to the extent the problem or delay relates to matters described in Section 3.4(b)(i) above. (iii) If State Street is unable to meet its obligations under a Service Module as a result of the matters described in Section 3.4(b)(i) above, State Street’s non-performance of the affected Services will be excused to the extent that State Street provides the affected BFA Recipients with reasonable notice of such non-performance and uses Commercially Reasonable Efforts to perform notwithstanding such BFA Recipient’s failure to perform. (iv) Material costs incurred by either Party in the event of a delay or failure for reasons outside of the control of both Parties will be allocated as agreed between the Parties. Information Classification: Confidential Master Services Agreement 9 BFA | State Street CONFIDENTIAL (d) Resource Reprioritization. Upon request from an Authorized Person, State Street will use Commercially Reasonable Efforts to reprioritize or reset the schedule for State Street Personnel’s existing work activities without impacting the established schedule for other tasks or the performance of the Services in accordance with the Standard of Care; provided, however, that if it is not practicable to avoid such an impact, State Street will notify such Authorized Person of the anticipated impact and obtain its consent prior to proceeding with such work activities. Each such BFA Recipient, in its sole discretion, may: (i) forego or delay such work activities; or (ii) temporarily adjust State Street’s work to be performed, the schedules associated therewith or the Service Levels, to permit State Street’s performance of such work activities. State Street will not be responsible for breaches of this Agreement or the relevant Service Modules or be responsible for Losses or Damages, to the extent resulting from a BFA Recipient’s election to so forego, delay or adjust, subject to Section 3.4(a) and (b) above.

Service Failures. In case the number of Service failures caused by the Provider exceeds the maximum agreed number of failures in the given calendar period, the Subscriber is entitled to a contractual discount. In case the Service recovery time after a failure caused by the Provider exceeds the maximum agreed time from the demonstrable detection or proper notification of the failure occurrence, the Subscriber is entitled to a contractual discount.

Service Failures. 7.1. ZaleyCash admits the likelihood of failures in the operation of the Service due to technical problems or deliberate actions of third parties. In the event of such a situation, ZaleyCash is not responsible for non-fulfillment or improper fulfillment of its obligations in accordance with the Agreement. ZaleyCash reserves the right to suspend the work of the Service and its components until threats or errors are eliminated. 7.2. ZaleyCash will make every reasonable effort to resolve technical issues that arise within a reasonable time frame. 7.3. In all cases of service failures, ZaleyCash does not compensate the User's losses incurred as a result of failures in the Service.

Service Failures. No liability shall, in any case, attach to Company should service failures occur by local or long distance telephone carriers, paging or cellular carriers, leased, rented or cloud based systems or Company’s own equipment.

Service Failures. If at any time during the Term a Billing Impediment goes unresolved within the window above, Customer's remedies include (but are not limited to), at Customer's election, a credit for one (1) month of Service or termination of this Agreement with repayment of any prepaid fees on a prorated basis.