Common use of System Failure Clause in Contracts

System Failure. ‌ 19.1 The Service Provider shall notify TTL without delay on it becoming aware of any event of or the likely event of a System Failure, whether or not it constitutes a failure to meet the Service Levels. 19.2 In the event of a System Failure, the Service Provider shall: (a) immediately comply with the provisions of the Service Provider’s escalation procedure produced in accordance with the: (i) Statement of Requirements; and (ii) Service Provider Solution. (b) in the event that such System Failure causes, or is likely to cause, the Service Provider to fail to meet the Service Levels on any calendar day on which such Service Levels apply: (i) invoke the Business Continuity Plan; and (ii) provide Business Continuity Services to minimise disruption of such failure to the TfL Group and its Customers; (c) immediately conduct a comprehensive examination of the LCHS Assets and Service Systems (or part(s) thereof) in order to locate the cause of the System Failure; (d) at its own cost, devote such additional time, effort and resources to: (i) resolve the System Failure as soon as possible; and (ii) avoid the recurrence of such System Failure; (e) at its own cost and at the request of TTL Personnel, promptly provide TTL Personnel with: (i) all relevant Data and information in connection with the: (A) LCHS Assets; and (B) Service Systems, including failure reports, test data, Hardware, Software and System performance reports and such other information as may be required by TTL and/or relevant member of the TfL Group; and (ii) all volumetric information and operational reports (both historical and current) as may be required by TTL and/or relevant member of the TfL Group, to facilitate TTL’s and/or the relevant member of the TfL Group’s understanding the steps taken by the Service Provider to resolve the Service Failure and how to prevent such failure from recurring. 19.3 Without prejudice to the provisions of Part 17 (Supervening Event) where the relevant System Failure is caused by an Interested Party, Other Service Provider, the Insurance Provider or Third Party, the Service Provider shall co-operate fully and expeditiously with the relevant Interested Party, Other Service Provider, Insurance Provider or Third Party (as appropriate) to resolve the relevant System Failure. 19.4 A material failure by the Service Provider to provide the Data and information requested by TTL Personnel in accordance with this Clause 19 within five (5) Working Days (or such other period as the Parties may expressly in writing agree) of such request, will subject to the provisions of Part 17 (Supervening Events) give rise to a right for TTL to: (a) exercise its: (i) Step-in Rights; and/or (ii) rights under Clause 42 (Audit and Inspection), in each case amended as necessary to account for this Clause 19.4; and/or

System Failure. ‌ 19.1 25.1 The Service Provider shall notify TTL TfL without delay on it becoming aware of any event of or the likely event of a System Failure, whether or not it constitutes a failure to meet the Service Levels. 19.2 25.2 In the event of a System Failure, the Service Provider shall: (aA) immediately comply with the provisions of the Service Provider’s escalation procedure produced in accordance with the: (i) the Statement of Requirements; and; (iiB) Service Provider Solution. (b) in the event that if such System Failure causes, or is likely to cause, the Service Provider to fail to meet the Service Levels on any calendar day on which such Service Levels apply: apply in accordance with schedule 5 (i) Service Level Agreement), invoke the Business Continuity Plan; and (ii) Plan and provide Business Continuity Services to minimise disruption of such failure to the TfL Group and its CustomersServices; (cC) immediately conduct a comprehensive examination of the LCHS Assets and Service Systems or part of the Schemes Systems on the Premises (or part(sas appropriate) thereof) in order to locate for the purposes of locating the cause of the System Failure;; and (dD) devote such additional time and resources at its own cost, devote such additional time, effort and resources to: (i) resolve cost to end the System Failure as soon as possible; andpossible and to avoid its recurrence. (ii) avoid the recurrence of such System Failure; (e) at its own cost and at the request of TTL Personnel, 25.3 The Service Provider shall provide to TfL promptly provide TTL Personnel with: (i) all relevant Data and information in connection with theon TfL’s request: (A) LCHS Assets; and (B) all relevant Information in connection with the Service SystemsSystems including, including but not limited to, Source Codes, object codes, failure reports, test data, HardwareSystem, Hardware and Software and System performance reports and such other information as may be required by TTL and/or relevant member of the TfL GroupTfL; and (iiB) all volumetric information and operational reports (both historical and current) as may be required by TTL and/or relevant member of the TfL GroupTfL, to facilitate TTL’s and/or the relevant member its understanding of the TfL Group’s understanding the steps taken by the Service Provider best way to resolve the Service such System Failure and how to or prevent such failure from recurring. 19.3 Without prejudice to the provisions of Part 17 (Supervening Event) where 25.4 Where the relevant System Failure is was caused by an Interested Party, Other Service Provider, the Insurance Provider or Third Party, the Service Provider shall give TfL all necessary co-operate operation in resolving the relevant System Failure by co-operating fully and expeditiously with the relevant Interested Party, Other Service Provider, Insurance Provider or Third Party (Party, as appropriate) , to resolve the relevant System Failure. 19.4 25.5 A material failure by the Service Provider to provide the Data and information requested by TTL Personnel TfL in accordance with this Clause 19 clause 25 within five (5) Working Days (or such other period as the Parties may expressly in writing agree) of such request, will subject to the provisions of Part 17 (Supervening Events) give rise to a right for TTL to: (a) TfL to exercise its: (i) its Step-In rights (in Rights; and/or accordance with, and subject to, the provisions of clause 71 (iiRights of TfL to Step-In) and/or its rights under Clause 42 clause 49 (Audit and Inspection), ) in each case amended as necessary to account for this Clause 19.4; and/orclause 25.5 and/or terminate this Agreement or Partially Terminate by notice to the Service Provider.