Incident Resolution Assurances Sample Clauses
Incident Resolution Assurances. 5.6.1 In the event of the Supplier’s failure to provide Incident resolution in accordance with the applicable Incident Resolution Target, the Incident will be designated at the next higher Priority level and the Supplier shall, as soon as is reasonably practicable:
(i) perform a root-cause analysis to identify the cause of such failure,
(ii) provide the Local Government with a report detailing the cause of, and procedures for correcting, such failure,
(iii) implement such procedures which may include the development and/or use of measurement and monitoring tools (if appropriate), and
(iv) provide the Local Government with assurance reasonably satisfactory to the Local Government that, following completion of the implementation of such procedures, the risk of such failure recurring will be minimized.
5.6.2 If the Incident Resolution Targets, measured over the aggregate of Incidents occurring during a month, are not achieved 90% of the time for:
(i) two (2) consecutive months, or
(ii) three (3) non-consecutive months in any twelve (12) month period, the Supplier shall be deemed to be in material breach of the Agreement and the Local Government may (i) assent to modification(s) to the Solution or the Services as proposed by the Supplier to prevent future breaches, (ii) exercise those rights and remedies available to the Local Government under this Agreement, or (iii) terminate the Service(s) or the Agreement for cause.
