Required Amendment#3 Sample Clauses

Required Amendment#3. Remove KPIs (Not supported) The KPIs must be removed from the MSLA. Western Power Response – n ot accepted for the reasons outlined below: Western Power does not agree with the view that the requirement in the Metering Code that a timeframe is included is inconsistent with the inclusion of a KPI. A timeframe is included for every service. The requirement of clause 6.6(b)(ii) of the Code is met. Whenever Western Power undertakes a service it must seek to complete that service within the specific timeframe. There is no doubt what the timeframe is. However, the KPI reflects the reality that it is not practicable to expect that every timeframe will be met every time. The KPI does not mean there is no timeframe. To address Western Power’s concerns as noted in the following paragraphs but to clarify the issue around timeframes, Western Power proposed the following clause: Timeframes and KPIs “For the purposes of clause 6.6(b)(ii) of the Code, the timeframe for each Metering Service which Western Power must seek to achieve is set out in Schedule 4 and the inclusion of KPIs in Schedule 4 does not extend or change those timeframes.” As the Authority notes, KPIs are included in the existing Model Service Level Agreement. Western Power’s tariffs and resourcing were set on the basis of these KPIs. The Authority must have previously formed the view KPIs were permitted under the Code. Western Power has structured its operations in reliance on that view and is concerned that there is now a change in the interpretation of the Code though there has been no change in the Code itself. In addition to the reasons outlined in our prior submission, Western Power considers that the removal of KPIs is not in the economic interest of customers. That is, the removal of KPIs may result in customers paying more for metering services over time, than they would if KPIs are included. Western Power delivers millions of individual metering services each year via a delivery model which uses a combination of insourcing and outsourcing. The cost of providing services is therefore influenced by competitive market pricing and prudent commercial principles. Western Power has tested the market extensively through multiple tender events over an extended period. Commercial service providers expect targets to be set for the measurement of performance. Where these targets are 100%, service providers, reasonably, expect to be compensated for the additional risk of contract default, as compared to a lo...
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Related to Required Amendment#3

  • Termination Amendment and Waiver 46 7.1 Termination....................................................................................46 7.2

  • MODIFICATION; AMENDMENT This Agreement may not be modified or amended in any respect except by an instrument in writing signed by the party against whom such modification or amendment is sought to be enforced. No modification or amendment may be enforced against the Company unless such modification or amendment is in writing and authorized by the Board.

  • AGREEMENT AMENDMENTS This Agreement may be amended at any time by written instrument duly approved by the President or President's designee and accepted by Faculty Member; provided, however, no such written instrument shall be required for any increase in Faculty Member's salary or any improvement to the fringe benefits of Faculty Member's employment, or for promotion in rank, any of which may be accomplished at any time by official action of the Board of Regents of the University of Nebraska (Board) without the necessity for written modification or amendment of this Agreement. This Agreement and Appendix “A” attached hereto constitute the entire agreement between the parties. This Agreement supersedes all previous agreements between or among the parties. There are no agreements, representations or warranties between or among the parties other than those set forth in this Agreement or the documents and agreements referred to in this Agreement.

  • Proposed Amendments All proposed amendments to the ISO Agreement must be filed with the Commission.

  • Amendment and Modification This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto.

  • Amendments; Waiver This Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

  • Agreement; Amendment If either party hereto requests to amend this agreement, it shall notify the other party in writing, and the other party shall respond within one week. All amendments of this agreement must be made in writing by both parties, and such amendments shall be deemed as inseverable parts of this agreement.

  • Agreed Amendments The MSAA is amended as follows.

  • Amendment, Modification and Waiver This Agreement may not be amended, modified or waived except by an instrument or instruments in writing signed and delivered on behalf of each of the parties hereto.

  • Integration; Amendment This Agreement constitutes the entire agreement of the Parties relating to the subject matter hereof. There are no promises, terms, conditions, obligations, or warranties other than those contained herein. This Agreement supersedes all prior communications, representations, or agreements, verbal or written, among the Parties relating to the subject matter hereof. This Agreement may not be amended except in writing.

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