Service Failure Sample Clauses
The Service Failure clause defines the responsibilities and consequences when a service provider fails to meet agreed-upon performance standards or deliverables. Typically, this clause outlines what constitutes a service failure, such as missed deadlines, subpar quality, or unavailability, and may specify remedies like service credits, penalties, or the right to terminate the agreement. Its core function is to protect the client by ensuring accountability and providing clear recourse in the event of inadequate service delivery.
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Service Failure. 8.1 Notwithstanding its obligations under paragraph 8.2, the Provider shall notify the Company as soon as reasonably practicable upon becoming aware of the inability of the Provider to provide the Flexibility Services in all or any part of any contracted Service Window (if applicable) as set out in the Service Terms.
8.2 In the event of a Service Failure by the Provider, the Company may require the Provider to:
8.2.1 provide the Company with a written explanation as to the cause of the failure of service delivery;
8.2.2 implement a rectification plan for improving performance and/or reducing the number of occurrences of Unavailability, which may include at the Company’s discretion, a repeat of any commissioning tests undertaken on initial installation and commissioning of the DER;
8.2.3 propose a variation to the Service Requirements as specified in the Service Terms; or
8.2.4 take any other action that may be agreed with the Company in order to alleviate a Service Failure (as reasonably required in the circumstances).
8.3 In the event that:
8.3.1 the Provider fails to comply with the terms of paragraph 8.2;
8.3.2 the Provider’s proposals are not accepted by the Company (acting reasonably);
8.3.3 the Parties (acting reasonably) fail to reach agreement on any rectification actions; or
8.3.4 the Provider’s performance in respect of the Service Failure notified by the Company does not significantly improve within thirty (30) Days of the date of the notice, such failure will be deemed a material breach of the Agreement for the purposes of paragraph 7.1.1 of these General Terms and Conditions and paragraph 7.9 shall apply.
Service Failure. 1If there is a Service Failure, or if the Supplier believes that there will be a Service Failure, the Supplier shall notify the Commissioner promptly of the Service Failure or likely Service Failure, and, at the request of the Commissioner, shall:
Service Failure. Service will be provided by Contractor to the City in accordance with posted schedules and operation policies during the term of this Contract, except during specified holidays noted herein. Penalty: Twenty thousand dollars ($20,000) per day for each calendar day City is without the services provided by Contractor from the date of the breach to and including the date the Contractor services are replaced.
Service Failure. In the event that the Provider becomes aware of any actual or anticipated failure in the provision of Services which impacts or is reasonably likely to impact provision of any Service (an “Incident”), it shall notify the Recipient as soon as reasonably practicable but, in any event, within three (3) business days. The Provider shall, as soon as reasonably practicable use commercially reasonable efforts to: (i) investigate the underlying cause(s) of the Incident and preserve any data indicating the cause of failure; (ii) take whatever action is reasonably necessary to minimize the impact of the failure and to prevent it from recurring; (iii) correct the failure and resume performance of the Services in accordance with this Agreement; and (iv) advise the Recipient of the status of the Incident and the remedial efforts being undertaken with respect thereto. Without limiting any other term or condition of this Agreement, the Provider shall cooperate in good faith to resolve such Incident and use commercially reasonable efforts to minimize the impact of such Incident on the Recipient.
Service Failure a failure by the Supplier to deliver the Goods or any part of the Services in accordance with the Service Levels or the Deadlines; Service Levels: the agreed levels and standards to which the Supplier is to provide the Goods and Services under this Agreement as more particularly set out in Schedule 4 of the Territory Agreement; Supplier Hub a website with the address ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇▇▇ that contains important documents for suppliers; Term: has the meaning given in clause 2.3;
Service Failure. Service Failure Recovery Time
Service Failure. 9 Taxes...............................................3 Tenant..............................................1
Service Failure. If there is a Service Failure, or if the Supplier believes that there will be a Service Failure, the Supplier shall notify the Commissioner promptly of the Service Failure or likely Service Failure, and, at the request of the Commissioner, shall: submit to the Commissioner for approval a plan detailing the action that the Supplier proposes to take to rectify the Service Failure or to prevent the Service Failure from taking place or recurring ("Correction Plan"), within 10 Working Days of the Commissioner's notification; take all remedial action that is reasonable to rectify or to prevent the Service Failure from taking place or recurring; and implement the Correction Plan in accordance with its terms following approval by the Commissioner pursuant to clause 4.1.1. Without prejudice to its rights under clause 7, where a Service Failure occurs, the Commissioner may, on written notice to the Supplier, withhold a proportionate amount of the Contract Price in respect of such Services until such time as the relevant Service Failure is remedied. Provided that the relevant Service Failure is remedied, the Commissioner shall resume payment of the relevant part of the Contract Price, including payment of the amount retained. EFFECT OF commissioner CAUSE To the extent that a Service Failure has occurred as a result of a Commissioner Cause, the Supplier will have the rights and relief set out in clause 5.2. The Supplier shall: (in measuring the performance of any affected Service) be treated as though the relevant Service had met the relevant requirements of this Agreement to the extent that the Service Failure is due to any Commissioner Cause; and not be treated as being in breach of this Agreement to the extent that non‑performance or breach is due to any Commissioner Cause; and be entitled to the Contract Price in respect of the relevant Services affected by the Commissioner Cause as if it had not occurred. If the Supplier claims that clause 5.1 applies, and in order to claim the rights and reliefs in clause 5.2, it shall provide the Commissioner with details of the Commissioner Cause within 10 Working Days of the event which the Supplier alleges to have given rise to the Commissioner Cause. Any disputes about or arising out of whether a Commissioner Cause applies to the Supplier's failure to provide the Services in accordance with this Agreement shall be resolved in accordance with the provisions of clause 19 (Dispute Resolution). Pending the resolution of the dis...
Service Failure a failure by the Service Provider to provide the Services in accordance with any individual Service Level. Service Level Agreement; a document which will set out the Service Levels and which is to be agreed by the parties and inserted into Schedule 2 of this agreement no later than six months after the Commencement Date. Service Levels: the service levels to which the Services are to be provided as set out in the Service Level Agreement. Service Provider's Personnel: all employees, staff, other workers, agents and consultants of the Service Provider and of any Sub-Contractors who are engaged in the provision of the Services from time to time.
Service Failure. Customer acknowledges the possibility of an unscheduled period of time during which all or any portion of the Service(s) (excluding Teleport Services which are subject to Section 11(a) above) are not available, are interrupted or otherwise fail (“Service Failure”). In the event of a Service Failure, Customer shall be entitled to receive a credit (pro rata if applicable) for the applicable Service Failure (“Service Failure Credit”).
