Common use of Service Performance and Standards Remedy Clause in Contracts

Service Performance and Standards Remedy. Notwithstanding section 4.2 of ---------------------------------------- the Master Agreement, InterCept and Customer agree that the following provision represents the Customer's sole and exclusive remedy for InterCept's failure to meet any service performance standard. If InterCept or the InterCept System fails to meet the percentage up-time and performance standards specified above and such failure is not the result of a Customer error or omission, any act, failure or omission of any third party, or any other circumstance beyond InterCept's control, Customer shall notify InterCept immediately in writing specifying the performance standard(s) not met and the nature of the deficiency. Within 15 days of receipt of such notice, InterCept shall establish and provide Customer in writing with an action plan to meet the service performance standard(s). Upon expiration of such 15-day period, InterCept shall have 30 days to bring its performance to the percentage/standard specified in the relevant service performance standard. InterCept shall report the nature and status of its efforts at the end of such period. Should InterCept's performance remain below the applicable standard after such 30-day period, InterCept shall have an additional 60 days to correct the situation and bring the affected performance up to the standard. During this period, Customer will be provided with a 15% reduction in the monthly InterCept invoice for each month that the performance standard(s) remain deficient. Should InterCept's performance remain below the service standards following all such periods, Customer may elect to either (i) provide InterCept with additional time to improve the affected standard, during which time Customer will receive a 15% reduction in the monthly InterCept invoice, or (ii) terminate the service agreement by giving InterCept written notice of termination. Such termination shall be without penalty or any charge to Customer other than charges for service fees incurred prior to the effective date of termination.

Service Performance and Standards Remedy. Notwithstanding section 4.2 of ---------------------------------------- any provision to the Master Agreementcontrary in the General Terms, InterCept Fidelity and Customer agree that the following provision represents the Customer's ’s sole and exclusive remedy for InterCept's Fidelity’s failure to meet any service performance standard. : If InterCept Fidelity or the InterCept Fidelity System fails to meet the percentage up-time and performance standards specified above and such failure is not the result of a Customer error or omission, any act, failure or omission of any third party, or any other circumstance beyond InterCept's Fidelity’s control, Customer shall notify InterCept Fidelity immediately in writing specifying the performance standard(s) not met and the nature of the deficiency. Within 15 days of receipt of such notice, InterCept Fidelity shall establish and provide Customer in writing with an action plan to meet the service performance standard(s). Upon expiration of such 15-day period, InterCept Fidelity shall have 30 days to bring its performance to the percentage/standard specified in the relevant service performance standard. InterCept Fidelity shall report the nature and status of its efforts at the end of such period. Should InterCept's Fidelity’s performance remain below the applicable standard after such 30-day period, InterCept Fidelity shall have an additional 60 days to correct the situation and bring the affected performance up to the standard. During this period, Customer will be provided with a 15% reduction in the monthly InterCept Fidelity invoice for each month that the performance standard(s) remain deficient. Should InterCept's Fidelity’s performance remain below the service standards following all such periods, Customer may elect to either (i) provide InterCept Fidelity with additional time to improve the affected standard, during which time Customer will receive a 15% reduction in the monthly InterCept Fidelity invoice, or (ii) terminate the service agreement this Agreement by giving InterCept Fidelity written notice of termination. Such termination shall be without penalty or any charge to Customer other than charges for service fees incurred prior to the effective date of termination.

Service Performance and Standards Remedy. Notwithstanding section 4.2 ------------------------------------------ of ---------------------------------------- the Master Agreement, InterCept and Customer agree that the following provision represents the Customer's sole and exclusive remedy for InterCept's failure to meet any service performance standard. If InterCept or the InterCept System fails to meet the percentage up-time and performance standards specified above and such failure is not the result of a Customer error or omission, any act, failure or omission of any third party, or any other circumstance beyond InterCept's control, Customer shall notify InterCept immediately in writing specifying the performance standard(s) not met and the nature of the deficiency. Within 15 days of receipt of such notice, InterCept shall establish and provide Customer in writing with an action plan to meet the service performance standard(s). Upon expiration of such 15-day period, InterCept shall have 30 days to bring its performance to the percentage/standard specified in the relevant service performance standard. InterCept shall report the nature and status of its efforts at the end of such period. Should InterCept's performance remain below the applicable standard after such 30-day period, InterCept shall have an additional 60 days to correct the situation and bring the affected performance up to the standard. During this period, Customer will be provided with a 15% reduction in the monthly InterCept invoice for each month that the performance standard(s) remain deficient. Should InterCept's performance remain below the service standards following all such periods, Customer may elect to either (i) provide InterCept with additional time to improve the affected standard, during which time Customer will receive a 15% reduction in the monthly InterCept invoice, or (ii) terminate the service agreement by giving InterCept written notice of termination. Such termination shall be without penalty or any charge to Customer other than charges for service fees incurred prior to the effective date of termination.

Service Performance and Standards Remedy. Notwithstanding section 4.2 of ---------------------------------------- the Master Agreement, InterCept and Customer agree that the following provision represents the Customer's ’s sole and exclusive remedy for InterCept's ’s failure to meet any service performance standard. If InterCept or the InterCept System fails to meet the percentage up-time and performance standards specified above and such failure is not the result of a Customer error or omission, any act, failure or omission of any third party, or any other circumstance beyond InterCept's ’s control, Customer shall notify InterCept immediately in writing specifying the performance standard(s) not met and the nature of the deficiency. Within 15 days of receipt of such notice, InterCept shall establish and provide Customer in writing with an action plan to meet the service performance standard(s). Upon expiration of such 15-day period, InterCept shall have 30 days to bring its performance to the percentage/standard specified in the relevant service performance standard. InterCept shall report the nature and status of its efforts at the end of such period. Should InterCept's ’s performance remain below the applicable standard after such 30-day period, InterCept shall have an additional 60 days to correct the situation and bring the affected performance up to the standard. During this period, Customer will be provided with a 15% reduction in the monthly InterCept invoice for each month that the performance standard(s) remain deficient. Should InterCept's ’s performance remain below the service standards following all such periods, Customer may elect to either (i) provide InterCept with additional time to improve the affected standard, during which time Customer will receive a 15% reduction in the monthly InterCept invoice, or (ii) terminate the service agreement this Agreement by giving InterCept written notice of termination. Such termination shall be without penalty or any charge to Customer other than charges for service fees incurred prior to the effective date of termination.