Common use of Availability Service Levels Clause in Contracts

Availability Service Levels. (a) The Service Provider will provide the Services in accordance with the Service Level Agreement (the Service Levels). (b) The Service Provider will only be deemed to fail to achieve a Service Level in accordance with the terms set out the Service Level Agreement. Where the Service Provider fails to achieve a Service Level it shall not be deemed to be a material breach of this Agreement not capable of remedy. (c) The remedies made available to the Client in the Service Levels shall be the sole remedies available to the Client in relation to the Service Provider’s failure to achieve a Service Level.

Availability Service Levels. (a) 11.1 The Service Provider will provide the Services in accordance with the Service Level Agreement (the Service Levels). (b) 11.2 The Service Provider will only be deemed to fail to achieve a Service Level in accordance with the terms set out the Service Level Agreement. Where the Service Provider fails to achieve a Service Level it shall not be deemed to be a material breach of this Agreement not capable of remedy. (c) 11.3 The remedies made available to the Client in the Service Levels shall be the sole remedies available to the Client in relation to the Service Provider’s failure to achieve a Service Level.