Financial Consequences for Failure to Meet Service Objectives Sample Clauses

Financial Consequences for Failure to Meet Service Objectives. The following sections define financial penalties for non-performance related to service objectives within the Motricity Span of Control. These non-performance penalties set forth in this Section 8 will apply commencing on the date of commercial launch of the Services, unless the parties agree in writing to delay the application of non-performance of penalties for a particular Service or Services. The total financial penalties owed to AT&T under the Agreement will be subject to the SLA penalty cap set forth in Table 7 below. For purposes of clarity the SLA penalty cap under this Exhibit G-2 is in addition to any other SLA exhibit. *** Table 7, Penalty Cap Phase-In Schedule *** This redacted material has been omitted pursuant to a request for confidential treatment, and the material has been filed separately with the Commission. For the purposes of the SLA, Motricity “Total Revenue” shall be calculated as follows: *** For further detail regarding the non-performance penalties described below, reference SLA Penalty Calculation Model (Appendix E) below. SLA Penalty Cap means the percentage of Total Revenue for the month. For any month for which there is an Availability and a Latency penalty due for the same period of time, Motricity shall be required to pay only the Availability penalty and the Latency penalty shall be waived when mutually agreed that there was a common or related cause. Motricity will deduct penalties for non-performance from the subsequent month’s invoice to AT&T for the Services.
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Financial Consequences for Failure to Meet Service Objectives. The following sections define financial penalties for non-performance related to service objectives within the Motricity Span of Control. These non-performance penalties set forth in this Section 8 will apply commencing on the date of commercial launch of the Services, unless the parties agree in writing to delay the application of non-performance of penalties for a particular Service or Services. The total financial penalties owed to AT&T under the Agreement will be subject to the SLA penalty cap set forth in Table 7 below. For purposes of clarity the SLA penalty cap under this Exhibit G-2 is not in addition to any other SLA exhibit. Effective date SLA Penalty Cap *** *** Table 7, Penalty Cap Phase-In Schedule For the purposes of the SLA, Motricity “Total Revenue” shall be calculated as follows: the sum of the *** For further detail regarding the non-performance penalties described below, reference SLA Penalty Calculation Model (Appendix E) below. For any month for which there is an Availability and a Latency penalty due for the same period of time, Motricity shall be required to pay only the Availability penalty and the Latency penalty shall be waived when mutually agreed that there was a common or related cause. Motricity will deduct penalties for non-performance from the subsequent month’s invoice to AT&T for the Services.
Sample 1Sample 2
Financial Consequences for Failure to Meet Service Objectives. The following sections define financial penalties for non-performance related to service objectives within the Motricity Span of Control. These non-performance penalties set forth in this Section 8 will apply commencing on the date of commercial launch of the Services, unless the parties agree in writing to delay the application of non-performance of penalties for a particular Service or Services. The total financial penalties owed to AT&T under the Agreement will be subject to the SLA penalty cap set forth in Table 7 of Exhibit G-1. For purposes of clarity the SLA penalty cap under this Exhibit G-2 is not in addition to any other SLA exhibit. For any WEB Services that do not meet the monthly Service objectives set forth within this SLA, Motricity will calculate the aggregate WEB Application User Ratio for the affected WEB Applications to determine the SLA penalty cap to be applied for the month in which the Service objectives were not met. WEB Application User Ratio SLA Penalty Cap Illustrative Example using *** Total Revenue *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Table 7, SLA Penalty Cap For the purposes of the SLA, “Total Revenue” shall be calculated as follows: the sum of the *** For further detail regarding the non-performance penalties described below, reference SLA Penalty Calculation Model (Appendix E) below. For any month for which there is an Availability and a Latency penalty due for the same period of time, Motricity shall be required to pay only the Availability penalty and the Latency penalty shall be waived when mutually agreed that there was a common or related cause. Motricity will deduct penalties for non-performance from the subsequent month’s invoice to AT&T for the Services.
Sample 1Sample 2
Financial Consequences for Failure to Meet Service Objectives. The following sections define financial penalties for non-performance related to service objectives within the Motricity Span of Control. These non-performance penalties set forth in this Section 8 will apply commencing on the date of commercial launch of the Services, unless the parties agree in writing to delay the application of non-performance of penalties for a particular Service or Services. The total financial penalties owed to AT&T under the Agreement will be subject to the SLA penalty cap set forth in Table 7 of Exhibit G-1. For purposes of clarity the SLA penalty cap under this Exhibit G-2 is not in addition to any other SLA exhibit. For any WEB Services that do not meet the monthly Service objectives set forth within this SLA, Motricity will calculate the aggregate WEB Application User Ratio for the affected WEB Applications to determine the SLA penalty cap to be applied for the month in which the Service objectives were not met. *** *** This redacted material has been omitted pursuant to a request for confidential treatment, and the material has been filed separately with the Commission.
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Related to Financial Consequences for Failure to Meet Service Objectives

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  • Financial Consequences The Department reserves the right to impose financial consequences when the Contractor fails to comply with the requirements of the Contract. The following financial consequences will apply for the Contractor’s non-performance under the Contract. The Customer and the Contractor may agree to add additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer’s resultant contract or purchase order. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with the provisions of the Contract. The Contractor and the Department agree that financial consequences for non-performance are an estimate of damages which are difficult to ascertain and are not penalties. The financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Contract performance and every month or quarter, respectively, thereafter. Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance Contractor will timely submit completed Quarterly Sales Reports All Quarterly Sales Reports will be submitted timely with the required information Reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 per Calendar Day late/not received by the Contract Manager Contractor will timely submit completed MFMP Transaction Fee Reports All MFMP Transaction Fee Reports will be submitted timely with the required information Reports are due on or before the 15th calendar day after the close of each month $100 per Calendar Day late/not received by the Contract Manager Failure to timely provide Quarterly Sales Reports, transaction fee reports, or other reports as required will result in the imposition of financial consequences and repeated failures or non- payment of financial consequences owed under this Contract may result in the Contractor being found in default and the termination of the Contract. No favorable action will be considered when Contractor has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation owed to the Department or Customer, to include fees / monies, that is required under this Contract.

  • Failure to Meet Timelines Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the Employer to comply with the timelines will entitle the Union to move the grievance to the next step of the procedure.

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  • Our Liability for Failure to Complete Transactions If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

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  • Failure to Maintain Financial Viability The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the services and Deliverables, or otherwise fully perform its responsibilities under the Contract.

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