Calculation and Payment of Penalties Clause Samples

Calculation and Payment of Penalties. 1. If at any time Castlight fails to meet any Performance Guarantee, Castlight shall calculate the applicable Performance Guarantee Penalty as identified below. 2. Castlight shall remit the total Performance Guarantee Penalty amount to Anthem on a quarterly basis following the quarter to which the Penalty applies. 3. If Castlight fails to meet an applicable Performance Standard two (2) times within a quarter or for two (2) consecutive months, Castlight shall provide Anthem with a corrective action plan, subject to Anthem’s review, collaboration and provision of input, which shall include, at a minimum, root cause analysis, scheduled meetings with Anthem to report on progress, weekly reporting to Anthem with associated backup information, and service level performance monitoring to remedy any failures. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED. 4. Notwithstanding anything herein or in the Agreement to the contrary, the Parties agree that the Performance Guarantee Penalties described in this Exhibit G payable by Castlight in any month, shall not exceed [***].