Common use of Service Level Agreements Clause in Contracts

Service Level Agreements. 7.2.1 The Facility Manager agrees and acknowledges that the works and services in relation to the SFM Project are to be performed in strict compliance with the requirements of the SFM Agreement, including specifically the requirements of Schedule 2 (Scope of SFM Project) and Schedule 3 (Station Service Level Standards). In the event of the failure of the Facility Manager to duly perform the said works and services in accordance with the aforesaid requirements, the Facility Manager agrees and acknowledges that it shall be required to pay the corresponding extent of liquidated damages as specified in respect thereto in terms of the Schedules, which amounts, shall be deemed to not be by way of penalty, and shall represent a genuine pre- estimate of the loss and damage occurring to Authority, on account of the relevant non-compliance and/ or failure of the Facility Manager. Provided however that, on or prior to the SFMA Appointed Date, the Facility Manager shall provide a report to Authority setting out the specific provisions of Schedule 2 (Scope of SFM Project) and Schedule 3 (Station Service Level Standards) that it would not be able to comply with, and request for a waiver or relaxation thereto. Authority may, but shall not be obliged to, grant such a waiver or relaxation to the Facility Manager. It is clarified that: (i) Such waiver or relaxation granted by Authority shall only apply for such time period as may be prescribed by Authority, and upon the expiry of such time period, the obligation of the Facility Manager to comply with the requirements of Schedule 2 (Scope of SFM Project) and Schedule 3 (Station Service Level Standards) shall stand reinstated in its entirety; (ii) Any such waiver or relaxation shall not extend to any period beyond the Completion Date; and (iii) Any such waiver or relaxation, may not be permissible where the same results in the overall service level standards and performance levels at the Station Area, falling below standards and performance levels ordinarily available at similarly sized stations of the Indian Railways/ any railway administration thereof. 7.2.2 The Facility Manager shall, provide to Authority, a monthly report, within 5 days of the expiry of each month, or at such intervals as specified in the SCSFMA, setting out the extent of its compliance with the aforesaid service level standards, and the rectificatory action undertaken by the Facility Manager in this regard. Such monthly report shall be generated through the means of the SFMIS as set forth in Article 7.6.1.

Service Level Agreements. 7.2.1 The Facility Manager agrees and acknowledges that the works and services in relation to the SFM Project are to be performed in strict compliance with the requirements of the SFM this Agreement, including specifically the requirements of Schedule 2 (Scope of SFM Project) and Schedule 3 (Station Service Level Standards). In the event of the failure of the Facility Manager to duly perform the said works and services in accordance with the aforesaid requirements, the Facility Manager agrees and acknowledges that it shall be required to pay the corresponding extent of liquidated damages as specified in respect thereto in terms of the Schedules, which amounts, shall be deemed to not be by way of penalty, and shall represent a genuine pre- pre-estimate of the loss and damage occurring to AuthorityIRSDC, on account of the relevant non-non- compliance and/ or failure of the Facility Manager. Provided however that, on or prior to the SFMA Appointed Date, the Facility Manager shall may provide a report to Authority IRSDC setting out the specific provisions of Schedule 2 (Scope of SFM Facility Management Project) and Schedule 3 (Station Service Level Standards) that it would not be able to comply with, and request for a waiver or relaxation thereto. Authority IRSDC may, but shall not be obliged to, grant such a waiver or relaxation to the Facility Manager. It is clarified that: (i) Such waiver or relaxation granted by Authority IRSDC shall only apply for such time period as may be prescribed by AuthorityIRSDC, and upon the expiry of such time period, the obligation of the Facility Manager to comply with the requirements of Schedule 2 (Scope of SFM Facility Management Project) and Schedule S chedule 3 (Station Service Level Standards) shall stand reinstated in its entirety; (ii) Any such waiver or relaxation relaxation, shall not extend to any period beyond the Completion Date; and (iii) Any such waiver or relaxation, may not be permissible permitted where the same results in the overall service level standards and performance levels at the Station Area, falling below standards and performance levels ordinarily available at similarly sized stations of the Indian Railways/ any railway administration thereof. 7.2.2 The Facility Manager shall, provide to AuthorityIRSDC, a monthly report, within 5 days of the expiry of each month, or at such intervals as specified in the SCSFMA, setting out the extent of its compliance with the aforesaid service level standards, and the rectificatory action undertaken by the Facility Manager in this regard. Such monthly report shall be generated through the means of the SFMIS Station Facility Management Information System (SFMIS) as set forth in Article 7.6.1.