Common use of Standard for Service Clause in Contracts

Standard for Service. (a) The Provider agrees (i) to perform the Services with substantially the same nature, quality, standard of care and service levels at which the same or similar services were performed by or on behalf of the Provider prior to the Separation Time or, if not so previously provided, then substantially similar to those which are applicable to similar services provided to the Provider’s Affiliates or other business components; and (ii) upon receipt of written notice from the Recipient identifying any outage, interruption or other failure of any Service, to respond to such outage, interruption or other failure of such Service in a manner that is substantially similar to the manner in which such Provider or its Affiliates responded to any outage, interruption or other failure of the same or similar services prior to the Separation Time. The Parties acknowledge that an outage, interruption or other failure of any Service shall not be deemed to be a breach of the provisions of this Section 5.1 so long as the applicable Provider complies with the foregoing clause (ii).

Appears in 4 contracts

Samples: Transition Services Agreement (Netgear, Inc), Transition Services Agreement (Arlo Technologies, Inc.), Transition Services Agreement (Arlo Technologies, Inc.)

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Standard for Service. (a) The Provider agrees (i) to perform the Services with substantially the same nature, quality, standard of care and service levels at which the same or similar services were performed by or on behalf of the Provider prior to the Separation Time Distribution Date or, if not so previously provided, then substantially similar to those that which are applicable to similar services provided to the Provider’s Affiliates or other business components; and (ii) upon receipt of written notice from the Recipient identifying any outage, interruption or other failure of any Service, to respond to such outage, interruption or other failure of such Service in a manner that is substantially similar to the manner in which such Provider or its Affiliates responded to any outage, interruption or other failure of the same or similar services prior to the Separation TimeDistribution Date. The Parties acknowledge that an outage, interruption or other failure of any Service shall not be deemed to be a breach of the provisions of this Section 5.1 6.01 so long as the applicable Provider complies with the foregoing clause (ii).

Appears in 4 contracts

Samples: Transition Services Agreement (Covidien PLC), Transition Services Agreement (Mallinckrodt PLC), Transition Services Agreement (Mallinckrodt PLC)

Standard for Service. (a) The Each Provider agrees (i) to perform the any Services that it provides hereunder with substantially the same nature, quality, standard of care and service levels at which the same or similar services were performed by or on behalf of the such Provider prior to the Separation Time Distribution or, if not so previously provided, then substantially similar to those which are applicable to similar services provided to the Provider or such Provider’s Affiliates or other business components; units and (ii) upon receipt of written notice from the Recipient identifying any outage, interruption or other failure of any Service, to respond to such outage, interruption or other failure of such Service in a manner that is substantially similar to the manner in which such Provider or its Affiliates responded to any outage, interruption or other failure of the same or similar services prior to the Separation TimeDistribution or, with respect to services for which same or similar services were not provided prior to the Distribution, in a manner that is substantially similar to the manner in which such Provider or its Affiliates responds with respect to internally provided services. The Parties acknowledge that an outage, interruption or other failure of any Service shall not be deemed to be a breach of the provisions of this Section 5.1 5.1(a) so long as the applicable Provider complies with the foregoing clause (ii).

Appears in 3 contracts

Samples: Master Transition Services Agreement, Master Transition Services Agreement (Autoliv Inc), Master Transition Services Agreement (Veoneer, Inc.)

Standard for Service. (a) The Provider agrees (i) to perform the Services with substantially the same nature, quality, standard of care and service levels at which the same or similar services were performed by or on behalf of the Provider prior to the Separation IPO Closing Time or, if not so previously provided, then substantially similar to those that which are applicable to similar services provided to the Provider’s Affiliates or other business components; and (ii) upon receipt of written notice from the Recipient identifying any outage, interruption or other failure of any Service, to respond to such outage, interruption or other failure of such Service in a manner that is substantially similar to the manner in which such Provider or its Affiliates responded to any outage, interruption or other failure of the same or similar services prior to the Separation IPO Closing Time. The Parties acknowledge that an outage, interruption or other failure of any Service shall not be deemed to be a breach of the provisions of this Section 5.1 5.01 so long as the applicable Provider complies with the foregoing clause (ii).

Appears in 3 contracts

Samples: Transition Services Agreement (CBS Outdoor Americas Inc.), Transition Services Agreement (CBS Outdoor Americas Inc.), Transition Services Agreement (CBS Outdoor Americas Inc.)

Standard for Service. (a) The Provider agrees (i) to perform the Services with in a manner that is substantially the same nature, quality, standard of care and service levels at similar in all material respects to which the same or similar services were performed by or on behalf of the Provider prior to during the Separation Time Service Baseline Period or, if not so previously provided, then substantially similar in all material respects to those which are applicable to similar services provided to the Provider’s Affiliates or other business components; and (ii) upon receipt of written notice from the Recipient identifying any outage, interruption or other failure of any Service, to respond to such outage, interruption or other failure of such Service in a manner that is substantially similar in all material respects to the manner in which such Provider or its Affiliates responded to any outage, interruption or other failure of the same or similar services prior to during the Separation TimeService Baseline Period. The Parties acknowledge that an outage, interruption or other failure of any Service shall not be deemed to be a breach of the provisions of this Section 5.1 so long as the applicable Provider complies with the foregoing clause (ii).

Appears in 2 contracts

Samples: Transition Services Agreement (Bausch Health Companies Inc.), Transition Services Agreement (Bausch & Lomb Corp)

Standard for Service. (a) The Provider agrees (i) to perform the Services with at least substantially the same nature, quality, standard of care and service levels at which the same or similar services were performed by or on behalf of the Provider prior to the Separation Effective Time or, if not so previously provided, then substantially similar to those that which are applicable to similar services provided to the Provider’s Affiliates or other business components; and (ii) upon receipt of written notice from the Recipient identifying any outage, interruption or other failure of any Service, to respond to such outage, interruption or other failure of such Service in a manner that is at least substantially similar to the manner in which such Provider or its Affiliates responded to any outage, interruption or other failure of the same or similar services prior to the Separation Effective Time. The Parties acknowledge that an outage, interruption or other failure of any Service shall not be deemed to be a breach of the provisions of this Section 5.1 5.01 so long as the applicable Provider complies with the foregoing clause (ii). In addition, the Provider will perform all Services in a professional and workmanlike manner.

Appears in 2 contracts

Samples: Transition Services Agreement (Aptevo Therapeutics Inc.), Transition Services Agreement (Aptevo Therapeutics Inc.)

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Standard for Service. (a) The Provider agrees (i) to perform the Services with substantially the same nature, quality, standard of care and service levels at which the same or similar services were performed by or on behalf of the Provider prior to the Separation Time Distribution Date or, if not so previously provided, then substantially similar to those which are applicable to similar services provided to the Provider’s Affiliates or other business components; and (ii) upon receipt of written notice from the Recipient identifying any outage, interruption or other failure of any Service, to respond to such outage, interruption or other failure of such Service in a manner that is substantially similar to the manner in which such Provider or its Affiliates responded to any outage, interruption or other failure of the same or similar services prior to the Separation TimeDistribution Date or, with respect to services for which same or similar services were not provided prior to the Distribution Date, in a manner that is substantially similar to the manner in which such Provider or its Affiliates responds with respect to internally provided services. The Parties acknowledge that an outage, interruption or other failure of any Service shall not be deemed to be a breach of the provisions of this Section 5.1 5.01 so long as the applicable Provider complies with the foregoing clause (ii).

Appears in 2 contracts

Samples: Services Agreement (Keysight Technologies, Inc.), Services Agreement (Keysight Technologies, Inc.)

Standard for Service. (a) The Provider agrees (i) to perform the Services with substantially the same nature, quality, standard of care and service levels at which the same or similar services were performed by or on behalf of the Provider (or its predecessor) during the 12 months prior to the Separation Time Distribution Date or as otherwise provided in the Schedules or, if not so previously provided, then substantially similar to those which are applicable to similar services provided to the Provider’s Affiliates or other business components; and (ii) upon receipt of written notice from the Recipient identifying any outage, interruption or other failure of any Service, except as otherwise provided in the Schedules, to respond to such outage, interruption or other failure of such Service in a manner that is substantially similar to the manner in which such Provider or its Affiliates responded to any outage, interruption or other failure of the same or similar services prior to the Separation TimeDistribution Date. The Except as otherwise provided in the Schedules, the Parties acknowledge that an outage, interruption or other failure of any Service shall not be deemed to be a breach of the provisions of this Section 5.1 5.01 so long as the applicable Provider complies with the foregoing clause (ii).

Appears in 2 contracts

Samples: Transition Services Agreement (Navient Corp), Transition Services Agreement (SLM Corp)

Standard for Service. (a) The Provider agrees (i) to perform the Services with substantially the same nature, quality, standard of care and service levels at which the same or similar services were performed by or on behalf of the Provider prior to the Separation Time Distribution Date or, if not so previously provided, then substantially similar to those that which are applicable to similar services provided to the ProviderProvid- er’s Affiliates or other business components; and (ii) upon receipt of written notice from the Recipient Re- cipient identifying any outage, interruption or other failure of any Service, to respond to such outage, interruption or other failure of such Service in a manner that is substantially similar to the manner in which such Provider or its Affiliates responded to any outage, interruption or other failure of the same or similar services prior to the Separation TimeDistribution Date. The Parties acknowledge that an outage, interruption or other failure of any Service shall not be deemed to be a breach of the provisions of this Section 5.1 6.01 so long as the applicable Provider complies with the foregoing clause (ii).

Appears in 1 contract

Samples: Transition Services Agreement

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