Degraded Performance Clause Samples
The Degraded Performance clause defines the parties' rights and obligations when a product or service does not operate at its expected or agreed-upon level of functionality. Typically, this clause outlines the criteria for what constitutes degraded performance, such as slower response times or reduced system availability, and may specify remedies like service credits, repair timelines, or escalation procedures. Its core practical function is to ensure that both parties have a clear understanding of how to address and resolve situations where performance falls below standards, thereby minimizing disputes and maintaining service quality.
Degraded Performance. If the performance of the transactive systems (OpenXRS API, Whois) does not meet the performance expectations outlined in Service Levels over the calendar month in question, Registry Operator will credit Registrar according to this calculation;
Degraded Performance. 2.11.1. Condition The central computer system shall be in "degraded performance" when the System:
2.11.1.1. Cannot process a minimum of 9,500 per second (95% of the ITN stated expectations).
2.11.1.2. Cannot accommodate 142 Lottery staff members (95% of stated ITN expectations) accessing the system concurrently.
2.11.1.3. Cannot process claims due to connectivity issues or system components like TIN matching, address verification not being accessible.
2.11.1.4. Does not provide expected interface files within agree upon timeframes.
2.11.2. Damage
2.11.2.1. Liquidated damages are $50,000 per hour of degraded time, or fraction thereof, which is greater than fifteen minutes in duration during the operational period on any day.
2.11.2.2. The total time during which the System is degraded during the day will be calculated as the sum of all time during the daily operational sales period when the Systems are operating at a “degraded performance level.” To address chronic problems, in the event that two degraded performance events of more than thirty minutes in length have already occurred in a Business Week, the grace period of thirty minutes must be rescinded, and liquidated damages must begin immediately with any subsequent degraded performance event in that Business Week.
Degraded Performance. If the performance of the transactive systems (OpenXRS API, Whois) does not meet the performance expectations outlined in Service Levels over the calendar month in question, Registry Operator will credit Registrar according to this calculation; amv = average month's volume (previous four calendar months total Transaction volume/4 months). t = time period, number of minutes per month averaged over number of days in previous four calendar months (see example in Subsection 2.1). Registry Operator records 15 minutes of service level exception beyond the time periods contemplated by the SLA. The current amv is 30,000 total names registered and time period was 43,920 minutes. As such, Registry Operator will credit Registrar for 0.77 Transactions at the then Current Pricing Level.
Degraded Performance. If the performance of the transactive systems (OpenXRS API, Whois) does not meet the performance expectations outlined in Service Levels over the calendar month in question, Registry Operator will credit Registrar according to this calculation; Where: C = number of Transactions to be credited to Registrar for the calendar month. amv = average month's volume (previous four calendar months total Transaction volume/4 months). t = time period, number of minutes per month averaged over number of days in previous four calendar months (see example in Subsection 2.1). sle = service level exception. The number of Degraded Performance minutes. 7.5% = priority adjustment. Example: Registry Operator records 15 minutes of service level exception beyond the time periods contemplated by the SLA. The current amv is 30,000 total names registered and time period was 43,920 minutes. As such, Registry Operator will credit Registrar for 0.77 Transactions at the then Current Pricing Level.
Degraded Performance. If the performance of the transactive systems (OpenXRS API, Whois) does not meet the performance expectations outlined in Service Levels over the calendar month in question, Registry Operator will credit Registrar according to this calculation; C = (amv/t)*sle * 7.5% Where: C = number of Transactions to be credited to Registrar for the calendar month. amv = average month's volume (previous four calendar months total Transaction volume/4 months). t = time period, number of minutes per month averaged over number of days in previous four calendar months (see example in Subsection 2.1). sle = service level exception. The number of Degraded Performance minutes.