Standard of Performance; Scope of Service Clause Samples

The "Standard of Performance; Scope of Service" clause defines the quality and extent of work that a party is required to deliver under an agreement. It typically outlines the specific duties, responsibilities, and expected level of professionalism or industry standards that must be met during the performance of services. For example, it may require that services be performed in a timely manner, in accordance with applicable laws, and to a standard consistent with similar providers. This clause ensures both parties have a clear understanding of what is expected, reducing the risk of disputes over service quality or the range of tasks to be completed.
Standard of Performance; Scope of Service. (a) Except as explicitly set forth in any Schedule hereto, each Service Provider shall provide or procure the provision of the Services it has agreed to provide or procure hereunder (i) in good faith, in a professional, timely and workmanlike manner and with reasonable care, (ii) in the same form in which such Services were provided prior to the Effective Date and (iii) up to the overall standards of quality (including, but not limited to, performance standards and service level agreements (if any)) and availability at which such Services were provided prior to the Effective Date, in each case unless otherwise agreed to by the Parties in writing. (b) Notwithstanding anything to the contrary contained in this Agreement, no Service Provider shall be obligated to provide or procure the provision of, or cause any of its Subsidiaries to provide or procure the provision of, any Service to the extent the provision of such Service would violate (i) any agreement or license with a third party to which such Service Provider or any of its Subsidiaries is subject as of the Effective Date due to a change in the beneficial ownership of FHI or (ii) any Applicable Law. Each Service Provider shall use its commercially reasonable efforts to make or obtain any approvals, agreements, permits, consents, waivers and licenses from any third parties that are necessary to permit any affiliated Service Provider to provide or procure the provision of the applicable Services under this Agreement; provided that, to the extent such Service Provider incurs any cost or expense in connection with obtaining any such approvals, agreements, permits, consents, waivers and licenses and provides reasonable evidence of such costs or expenses, the Parties shall work in good faith to allocate such costs between the Parties in writing.
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Standard of Performance; Scope of Service. (a) Except as explicitly set forth in Exhibit A, each Service Provider shall provide each applicable Service (i) in good faith, in a professional, timely and workmanlike manner, and with reasonable care, and (ii) where applicable, substantially in the Effective Date Form, at the Effective Date Standard and up to no more than the Effective Date Volume. (b) Notwithstanding anything to the contrary contained in this Agreement, NAB shall not be obligated to provide, or cause any Service Provider to provide, any Service to the extent the provision of such Service would violate (i) any agreement or license with a third party to which NAB or any of its Subsidiaries is subject as of the date of this Agreement or (ii) any Applicable Law. NAB shall use its commercially reasonable efforts to make or obtain any approvals, agreements, permits, consents, waivers and licenses from any third parties that are necessary to permit any affiliated Service Provider to provide the applicable Services under this Agreement; provided that such Party shall not be obligated to incur any cost or expense in connection with obtaining any such approvals, agreements, permits, consents, waivers and licenses.
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Standard of Performance; Scope of Service. (a) Seller shall provide, or shall cause the applicable Service Providers to provide, all Services in compliance with Applicable Law, at the same level of service at which such Services were provided to the CRS Business immediately prior to the Effective Time and in a manner consistent with the service level standards included in Exhibits A and B and in no event less than the applicable service levels required by any Assigned Partner Agreement as of the date hereof to the extent such Service is provided in satisfaction of the Service Recipient’s obligations under such Assigned Partner Agreement (each such service level standard, an “SLA”). The Parties will discuss in good faith Seller’s adherence to any altered SLAs resulting from any amendment or other modification of any of the Assigned Partner Agreements after the date hereof; provided that Purchaser shall bear any additional cost or expense incurred by Seller or its Affiliates as a result of Seller’s adherence to such altered SLAs, with such additional cost and expense, if any, determined in accordance with Seller’s standard internal cost methodology, consistently applied and provided that such cost and expense is commercially reasonable. In performing any Service, Seller shall, and shall cause the applicable Service Providers to, employ methods and procedures of a quality at least equal to those employed by Seller with respect to its business and affairs. Seller and Purchaser shall, and shall cause each of their Affiliates to, use their respective commercially reasonable efforts to cooperate with each other in all matters necessary to the provision of Services under this Agreement, including coordinating the performance of the Services with designated Purchaser employees and contractors to minimize the business impact to the Purchaser to the extent reasonably practicable. (b) Notwithstanding anything to the contrary contained in this Agreement, Seller shall not be obligated to provide any Service to the extent the provision of such Service would violate (i) any agreement or license with a third party to which Seller or any of its Affiliates are subject as of the date of this Agreement and extensions and renewals of those agreements or licenses or (ii) any Applicable Law. Purchaser and Seller shall use their respective commercially reasonable efforts to make or obtain any approvals, agreements, permits, consents, waivers and licenses from any third parties that are necessary to permit each Service Prov...
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Related to Standard of Performance; Scope of Service

  • Standard of Performance Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement.

  • Scope of Service Interconnection Service shall be provided to the Interconnection Customer at the Point of Interconnection (a), in the case of interconnection of the Customer Facility of a Generation Interconnection Customer, up to the Maximum Facility Output, and (b), in the case of interconnection of the Customer Facility of a Transmission Interconnection Customer, up to the Nominal Rated Capability. The location of the Point of Interconnection shall be mutually agreed by the Interconnected Entities, provided, however, that if the Interconnected Entities are unable to agree on the Point of Interconnection, the Transmission Provider shall determine the Point of Interconnection, provided that Transmission Provider shall not select a Point of Interconnection that would impose excessive costs on either of the Interconnected Entities and shall take material system reliability considerations into account in such selection. Specifications for the Customer Facility and the location of the Point of Interconnection shall be set forth in an appendix to the Interconnection Service Agreement and shall conform to those stated in the Facilities Study.

  • Covenants of Performance Measurement No interference. Registry Operator shall not interfere with measurement Probes, including any form of preferential treatment of the requests for the monitored services. Registry Operator shall respond to the measurement tests described in this Specification as it would to any other request from an Internet user (for DNS and RDDS) or registrar (for EPP). ICANN testing registrar. Registry Operator agrees that ICANN will have a testing registrar used for purposes of measuring the SLRs described above. Registry Operator agrees to not provide any differentiated treatment for the testing registrar other than no billing of the transactions. ICANN shall not use the registrar for registering domain names (or other registry objects) for itself or others, except for the purposes of verifying contractual compliance with the conditions described in this Agreement. PUBLIC INTEREST COMMITMENTS Registry Operator will use only ICANN accredited registrars that are party to the Registrar Accreditation Agreement approved by the ICANN Board of Directors on 27 June 2013 in registering domain names. A list of such registrars shall be maintained by ICANN on ICANN’s website. (Intentionally omitted. Registry Operator has not included commitments, statements of intent or business plans provided for in its application to ICANN for the TLD.) Registry Operator agrees to perform the following specific public interest commitments, which commitments shall be enforceable by ICANN and through the Public Interest Commitment Dispute Resolution Process established by ICANN (posted at ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/en/resources/registries/picdrp), which may be revised in immaterial respects by ICANN from time to time (the “PICDRP”). Registry Operator shall comply with the PICDRP. Registry Operator agrees to implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement pursuant to Section 4.3(e) of the Agreement) following a determination by any PICDRP panel and to be bound by any such determination. Registry Operator will include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreements a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name. Registry Operator will periodically conduct a technical analysis to assess whether domains in the TLD are being used to perpetrate security threats, such as pharming, phishing, malware, and botnets. Registry Operator will maintain statistical reports on the number of security threats identified and the actions taken as a result of the periodic security checks. Registry Operator will maintain these reports for the term of the Agreement unless a shorter period is required by law or approved by ICANN, and will provide them to ICANN upon request. Registry Operator will operate the TLD in a transparent manner consistent with general principles of openness and non-discrimination by establishing, publishing and adhering to clear registration policies.

  • PERIOD OF PERFORMANCE The period of performance for this contract begins , and ends .

  • Attachment A, Scope of Services The scope of services is amended as follows: