Problem Analysis. If Supplier fails to provide Services in accordance with the Service Levels, and/or this Agreement, Supplier shall (after restoring service or otherwise resolving any immediate problem): (i) promptly investigate and report on the causes of the problem; (ii) provide a Root Cause Analysis of such failure as soon as practicable after such failure or at Triad’s request; (iii) implement remedial action and begin meeting the Service Levels and this Agreement as soon as practicable (regardless of cause or fault) or coordinate the correction of the problem if Supplier does not have responsibility for the cause of the problem; (iv) advise Triad of the status of remedial efforts being undertaken with respect to such problem; (v) to the extent within Supplier’s operational responsibility under this Agreement, correct the problem(s) associated with [**] Certain confidential information contained in this document, marked by [**], has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. the failure; (vi) provide to Triad’s reasonable satisfaction evidence that the causes of such problem have been or will be corrected on a permanent basis; and (vii) take commercially reasonable actions to prevent any recurrence of such problem. For Severity 1 issues, Supplier shall use commercially reasonable efforts to complete the Root Cause Analysis within [**] business days of a failure; provided that, if it is not capable of being completed within such [**] business days using reasonable diligence, Supplier shall complete such Root Cause Analysis as quickly as possible and shall notify Triad prior to the end of such initial [**] business day period as to the status of the Root Cause Analysis and the estimated completion date.
Appears in 1 contract
Problem Analysis. If Supplier fails to provide Services in accordance with the Service Levels, Levels and/or this Agreement, Supplier shall (after restoring service or otherwise resolving any immediate problem): ) (i) promptly investigate and report on the causes of the problem; (ii) provide a Root Cause Analysis of such failure as soon as practicable after such failure or at TriadNew Century’s request; request (iii) implement remedial action and begin meeting correct the Service Levels and this Agreement problem as soon as practicable (regardless of cause or fault) or coordinate the correction of the problem if Supplier does not have responsibility for the cause of the problem; (iv) advise Triad New Century of the status of remedial efforts being undertaken with respect to such problem; (v) demonstrate to the extent within Supplier’s operational responsibility under this Agreement, correct the problem(s) associated with [**] Certain confidential information contained in this document, marked by [**], has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. the failure; (vi) provide to TriadNew Century’s reasonable satisfaction evidence that the causes of such problem have been or will be corrected on a permanent basis; basis and (viivi) take commercially reasonable actions to prevent any recurrence of such problemproblem if the cause of the problem or solution is in Supplier’s areas of responsibility or control. For Severity 1 issues, Supplier shall use commercially reasonable efforts to complete the Root Cause Analysis within [**] business fifteen (15) days of a failure; provided that, if it is not capable of being completed within such [**] business fifteen (15) days using reasonable diligence, Supplier shall complete such Root Cause Analysis as quickly as possible and shall notify Triad New Century prior to the end of such the initial [**] business fifteen (15) day period as to the status of the Root Cause Analysis and the estimated completion date. Supplier shall perform the Root Cause Analyses as part of the Services and at no additional Charge to New Century; however, if the Root Cause Analysis reveals that the problem is not attributable to Supplier’s failure to perform its responsibilities under this Agreement, remedial action by Supplier Personnel (other than members of the program management office) to correct such problem shall be treated as a Project pursuant to Section 4.5 of this Agreement and Section 10 of Exhibit 4.
Appears in 1 contract
Sources: Professional Services Agreement (New Century Financial Corp)
Problem Analysis. If Supplier Service Provider fails to provide Services in accordance with the Service Levels, and/or Levels and this Agreement, Supplier Service Provider shall (after restoring service the Service or otherwise resolving any immediate problem): problem related to such Services) (i) promptly investigate and report on the causes of the problem; (ii) provide a Root Cause Analysis of such failure as soon as practicable after such failure or at TriadAllegheny’s request; (iii) implement remedial action and begin meeting correct the Service Levels and this Agreement problem as soon as practicable (regardless of cause or fault) or coordinate the correction of the problem if Supplier Service Provider does not have responsibility for the cause of the problem; (iv) advise Triad Allegheny of the status of remedial efforts being undertaken with respect to such problem; (v) demonstrate to the extent within Supplier’s operational responsibility under this Agreement, correct the problem(s) associated with [**] Certain confidential information contained in this document, marked by [**], has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. the failure; (vi) provide to TriadAllegheny’s reasonable satisfaction evidence that the causes of such problem have been or will be corrected on a permanent basis; and (viivi) take commercially reasonable actions to prevent any recurrence of such problem. For Severity 1 issues, Supplier Service Provider shall use commercially reasonable efforts to complete the Root Cause Analysis within [**] business days of a failurefifteen (15) days; provided that, if it is not capable of being completed within such [**] business fifteen (15) days using reasonable diligence, Supplier Service Provider shall complete such Root Cause Analysis as quickly as possible and shall notify Triad Allegheny prior to the end of such the initial [**] business fifteen (15) day period as to the status of the Root Cause Analysis and the estimated completion date.. ***
Appears in 1 contract
Sources: Professional Services Agreement (Allegheny Energy, Inc)