Service Level Failure. Bank shall have the right, upon notice to Company, to assume (or cause a third party to assume), individual servicing functions related to specified Service Level Failures to the extent set forth in Schedule 4.13(a). [*] Indicates confidential portions omitted pursuant to a request for confidential treatment filed separately with the Commission.
Service Level Failure. Client may terminate this Agreement, upon thirty (30) days’ prior written notice to Xxxxxxxxx.xxx, in the event that Xxxxxxxxx.xxx fails to achieve the Minimum Application Services Level Requirement set forth in Section 1(c) of Exhibit B during three (3) of any six (6) consecutive calendar months during the Term.
Service Level Failure. Provider shall inform Company immediately if Provider is unable, or is reasonably likely to be unable, to provide the Services in accordance with the Service Levels (including applicable SLA Targets and KPI Targets) or this Agreement or if any organizational, security-related or other changes will materially affect, or are reasonably likely to materially affect, the provision of the Services. Without limiting the remedies available to Company hereunder, upon Provider’s failure to provide any of the Services in accordance with the Service Levels required with respect thereto, whether or not the cause of such failure is immediately identified and cured by Provider, Provider shall immediately: (i) perform an analysis to identify the root cause of such failure; (ii) identify the procedures necessary for correcting the failure and implementing such procedures to effectuate such correction; (iii) provide Company with a report detailing the findings and procedures identified and implemented under (i) and (ii) above; and (iv) take appropriate preventive measures so that the problem does not recur.
Service Level Failure. If Clinic fails to meet any Service Level, Clinic shall promptly, taking into consideration the severity of the failure: (i) investigate, assemble and preserve pertinent information with respect to, and report on the causes of, the problem, including performing a root cause analysis of the problem; (ii) advise eScreen, as and to the extent requested by eScreen, of the status of remedial efforts being undertaken with respect to such problem; (iii) minimize the impact of and correct the problem and begin meeting the Service Level; and (iv) take appropriate preventive measures so that the problem does not recur.
Service Level Failure. A “Service Level Failure” occurs whenever Metavante fails to meet a Service Level. Metavante shall be excused for a Service Level Failure to the extent the Service Level Failure is attributable to:
Service Level Failure. Vendor shall inform the Board immediately if Vendor is unable, or is reasonably likely to be unable, to provide the Services in accordance with the Service Level THIS AGREEMENT WILL BE POSTED ON THE CPS WEBSITE
Service Level Failure. Failure to meet the extended service and support commitments will be governed by the following section:
Service Level Failure. Service Level Credit
Service Level Failure. If Supplier fails to meet any of the Service Levels in any SOW, Supplier shall immediately: (i) notify Advanta of such failure; (ii) perform a root cause analysis for such failure in order to identify the cause of such failure; (iii) provide Advanta with a report detailing the cause of, and a procedure for rapidly correcting, such failure; (iv) advise Advanta of the status of remedial efforts being undertaken with respect to such problems; (v) correct the failure and begin meeting the applicable Service Levels; and (vi) take appropriate preventive measures so that the Service Level failure and its underlying causes do not recur. Advanta shall be permitted to audit Supplier to determine whether appropriate preventive measures have been implemented and are effective.
Service Level Failure. Commencing six months after the Commencement Date, each occurrence of the following shall constitute a "Service Level Failure": (1) the CICS Availability Percentage is less than 98% for two consecutive months; (2) the CICS Response Time Average is more than two seconds for two consecutive calendar months; (3) host disaster recovery testing is unsuccessful in any twelve-month calendar period and re-testing within ninety (90) days thereafter is also unsuccessful; (4) Process and Procedure Accuracy is less than 97%; (5) Financial Accuracy is less than 99%; (6) 14-Day Claims Turnaround is less than 90%; or (7) 30-Day Claims Turnaround is less than 99%. Commencing six months after the Commencement Date, any occurrence of the following shall constitute a "Major Service Level Failure": (1) the CICS Availability Percentage is less than 98% for either (a) four consecutive calendar months, or (b) eight calendar months in any twelve calendar month period; or (2) the CICS Response Time Average is more than two seconds for either (a) four consecutive calendar months, or (b) eight calendar months in any twelve calendar month period. Notwithstanding the foregoing, neither a Service Level Failure nor a Major Service Level Failure shall be deemed to occur in any month in which CLIENT fails to fully and timely perform its responsibilities in respect of the Operating Services in whole or in part.
