Service Level Failure Credits Clause Samples

Service Level Failure Credits. ‌ (a) If Contractor fails to perform the Work in accordance with the terms, conditions and specifications of this Agreement, CM may give Contractor notice as a written warning detailing the performance failure. Such written warning is without prejudice to Contractor being assessed service level failure credits or liquidated damages, to the extent such failure is subject to service level failure credits or liquidated damages, without prejudice to CM’s rights under Section 11.1(b). (b) The application of service level failure credits and liquidated damages under this Agreement shall be without prejudice to any other rights or remedies of CM and CM’s ability to claim damages for breach of this Agreement solely to the extent arising from events or circumstances other than the event or circumstance which gave rise to service level failure credits and liquidated damages.‌
View Source
Service Level Failure Credits. ‌ (a) Contractor shall be subject to the service level failure credits set out in Table 7.1(a) following the Operational Date:‌ 1. Failure to weigh inbound Collected Material $1000 Per incident 2. Failure to record necessary information to complete weigh scale tickets for all inbound and outbound movements of PPP $500 Per incident 3. Failure to take samples from outbound material using prescribed sample-taking protocol $1,000 Per incident 4. Failure to submit Work Reports in the prescribed time $250 Per incident 5. Submission of an inaccurate Work Report $250 Per incident (b) If Contractor is prevented from the fulfillment of its obligations resulting in infractions under Table 7.1(a) by reason of a Force Majeure Event, such failure shall not be the basis of an infraction thereunder. (c) Where CM or any third party retained by CM arranges for the delivery of Collected Material to the PCF and the Contractor is negatively impacted in fulfilling its obligations by an act or omission by CM or any third party retained by CM which results in a failure, such failure shall not be the basis of an infraction under Table 7.1(a). (d) Prior to Contractor incurring service level failure credits in respect of reporting under Table 7.1(a) No. 4 and No. 5 Contractor shall have five (5) Business Days after notification of the infraction by CM to remedy the cause of the infraction or to provide CM with a plan to remedy the infraction in a period no longer than ten (10) Business Days. Failure to remedy the cause of the infraction to CM’s reasonable satisfaction shall result in the applicable service level failure credits or liquidated damages. (e) Following the Operational Date, where, promptly following the first incidence of each of the infractions of Table 7.1(a) that would normally constitute an infraction, the Contractor has taken satisfactory action to remediate the incidence or occurrence (such as using alternative weighing facilities and equipment), and to mitigate the risk of future infractions of the same type, then such first incidence or occurrence will not constitute an infraction. Such remediative measures and waiver of infraction can only be utilized once for each of each of the infractions, unless otherwise agreed-to in writing by the Parties, but this waiver of infraction shall renew each Operational Contract Year such that every Operational Contract Year, the first incidence of each of the infractions of Table 7.1(a) shall be waived provided that the Contract...
View Source

Related to Service Level Failure Credits

  • Service Level Credits If Verint does not meet the Uptime Percentage levels specified below, Customer will be entitled, upon written request, to a service level credit (“Service Level Credit”) to be calculated, with respect to the applicable Hosted Environment, as follows: • If Uptime Percentage is at least 99.95% of the month’s minutes, no Service Level Credits are provided; or • If Uptime Percentage is 99.75% to 99.94% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is 99.50% to 99.74% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 7.5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is less than 99.50% of the month’s minutes, Customer will be eligible for a credit of 10.0% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint. Customer shall only be eligible to request Service Level Credits if Customer notifies Verint in writing within thirty (30) days from the end of the month for which Service Level Credits are due. All claims will be verified against Verint’s system records. In the event after such notification Verint determines that Service Level Credits are not due, or that different Service Level Credits are due, Verint shall notify Customer in writing on that finding. With respect to any Services Level credits due under Orders placed directly by Customer on Verint, Service Level Credits will be applied to the next invoice following Customer’s request and Verint’s confirmation of available credits; with respect to any Service Level Credits due for SaaS Services under Orders placed on Verint by a Verint authorized reseller on Customer’s behalf, Service Level Credits will be issued by such reseller following Customer’s request and Verint’s confirmation of available credits and such Services Level Credits may only be used by Customer with respect to subsequent purchases of Verint offerings through that reseller. Service Level Credits shall be Customer’s sole and exclusive remedy in the event of any failure to meet the Service Levels. Verint will only provide records of system availability in response to Customer’s good faith claims.

  • Service Level In the event that League InfoSight discovers or is notified by you of the existence of Non-Scheduled Downtime, we will use commercially reasonable efforts to determine the source of the problem and attempt to resolve it as quickly as possible.

  • Service Levels All service level requirements will be set forth in Exhibit A (“▇▇▇▇.▇▇▇ Referral Service Level Requirements”). Recipient ▇▇▇▇▇▇ agrees to adhere, and encourage Recipient Agent’s adherence, with the version of the ▇▇▇▇.▇▇▇ Referral Service Level Requirements in effect at the time ▇▇▇▇.▇▇▇ identifies the Referral to Recipient Broker/Agent.

  • Service Level Expectations Without limiting any other requirements of the Agreement, the Service Provider shall meet or exceed the following standards, policies, and guidelines:

  • Service Level Commitment IBM provides the following service level commitment (“SLA”) for the Cloud Service, after IBM makes the Cloud Service available to you.