Common use of SERVICE LEVEL ESCALATION EVENT Clause in Contracts

SERVICE LEVEL ESCALATION EVENT. A Service Level Escalation Event occurs, if (a) the Service Provider asserts that it has been unable to perform all or a portion of the Services measured by a Type S or Type R Service Level solely as a result of the failure by another DCS Service Provider with whom it shares such Type S or Type R Service Level to perform obligations specified in that DCS Service Provider agreement with DIR, including its SOWs the Service Management Manual and the applicable OLA, (b) the Service Provider has performed its own obligations as set forth in the Agreement, including the SOWs, Service Management Manual and the applicable OLA, which actions shall include (i) immediately notifying DCS Service Provider that such failure may result in a Service Level Default, (ii) provides the DCS Service Provider with reasonable opportunity to correct such failure to perform and thereby avoid the Service Provider non-performance,