High Severity Impact Clause Samples
The High Severity Impact clause defines the consequences and procedures that apply when a significant or critical issue arises, typically one that severely affects the functionality, security, or availability of a product or service. In practice, this clause often outlines the criteria for what constitutes a high severity incident, such as system outages or major security breaches, and specifies the required response times, escalation processes, and communication protocols. Its core function is to ensure that the most serious problems are addressed promptly and effectively, minimizing disruption and risk to the parties involved.
High Severity Impact. The Performance Objectives for High Severity Impacts are each of the following:
(1) There will be no more than [**] High Severity Impacts during any given month; and
(2) The total duration of High Severity Impacts during any given month will not exceed [**].
High Severity Impact. From the Effective Date through the end of the Impact Measurement Period, the interim Minimum Performance Standards for High Severity Impacts shall be each of the following:
(1) There will be no more than [**] High Severity Impacts during any given month; and
(2) The total duration of High Severity Impacts during any given month shall not exceed [**]. However, notwithstanding anything to the contrary in Section 2.2(c) or any other provision of this Agreement, any failure by Worldspan to meet either of these interim [**] = Confidential treatment requested for redacted portion, redacted portion has been filed separately with the Commission.
High Severity Impact. From the Effective Date through the end of the Impact Measurement Period, the interim Intermediate Performance Standards for High Severity Impacts shall be each of the following:
(1) There will be no more than [**] High Severity Impacts during any given month; and
(2) The total duration of High Severity Impacts during any given month will not exceed [**]. However, notwithstanding anything to the contrary in Section 2.2(b) or any other provision of this Agreement, any failure by Worldspan to meet either of these interim Intermediate Performance Standards during the Impact Measurement Period shall not (i) be considered a breach of this Agreement by Worldspan, (ii) entitle Delta to withhold as liquidated damages or pay into an Escrow Account any portion of the payments due to Worldspan hereunder, (iii) entitle Delta to exercise any other remedy under this Agreement, including any termination rights under Section 7.2 of this Agreement, or (iv) impose upon Worldspan any liability or obligation under this Agreement. Promptly following the end of the Impact Measurement Period, these interim Intermediate Performance Standards shall be replaced by confirmed Intermediate Performance Standards determined in accordance with the methodology set forth in Exhibit III to this Schedule 2.2, which confirmed Intermediate Performance Standards shall be effective retroactively to the Effective Date and for the remainder of the Term. At that time, Worldspan’s performance during the Impact Measurement Period will be compared to each of these confirmed Intermediate Performance Standards, and Worldspan will pay Delta any liquidated damages that Delta would have been entitled to withhold pursuant to the provisions of Section 2.2(b) of this Agreement if these confirmed Interim Performance Standards had been known and in effect during the Impact Measurement Period; provided, however, that Delta shall not have any other remedies available to it under this Agreement with respect to any failure to meet the confirmed Intermediate Performance Standard during the Impact Measurement Period, including any termination rights under Section 7.2 of this Agreement. The portion of the payments due to Worldspan with respect to Airline Services that is at risk pursuant to Section 2.2(b) of this Agreement as a result of Worldspan’s failure to meet either or both of these confirmed Intermediate Performance Standards shall be [**] of the amounts payable to Worldspan for Production Services. Any failure...