Termination for certain Service Level Failures Sample Clauses
The 'Termination for certain Service Level Failures' clause allows a party to end the contract if the other party repeatedly fails to meet agreed-upon service standards. Typically, this clause outlines specific performance metrics or thresholds, such as response times or uptime percentages, and defines what constitutes a qualifying failure—often requiring multiple or significant breaches within a set period. Its core function is to protect the non-breaching party by providing a clear exit mechanism if the service provider consistently underperforms, thereby ensuring accountability and maintaining service quality.
POPULAR SAMPLE Copied 117 times
Termination for certain Service Level Failures. If (1) Supplier fails to meet a Critical Service Level more than *** times in any rolling *** month period, or (2) the amount of Service Level Credits that Supplier is obligated to credit to Health Net equals *** of the monthly charges (i.e., the maximum amount of Service Level Credits for which Supplier is liable in a month), for *** or more months in any rolling *** month period, then Health Net may, by giving notice to Supplier, terminate the Agreement, in whole or in part, without charge, as of a date specified in the notice of termination. The foregoing right to terminate shall not be construed as precluding Health Net from claiming that some other combination of failures to meet Service Levels is a material breach of this Agreement and to exercise any available remedies in connection with such material breach.
Termination for certain Service Level Failures. If (i) Supplier fails to meet the same [***] Service Level [***] times in any rolling [***], then Triple-S may, by giving written notice to Supplier, terminate this Agreement or any Statement of Work or Task Order (in whole or in part) without charge or fee (except any outstanding Charges for all Services provided in accordance with this Agreement through the effective date of termination (subject to Triple-S’s right to dispute Charges set forth in Schedule C (Charging Methodology) in good faith)), as of a date specified in the notice of termination. The foregoing rights to terminate shall not be construed as precluding Triple-S from claiming that some other combination of failures to meet Service Levels is a material breach of this Agreement and to exercise any available remedies in connection with such material breach. Triple-S’s termination rights in this Section 16.1(c) shall only apply with respect to each Statement of Work beginning [***] of each Statement of Work. In other words, any Service Level Failure prior to such date will not count as a failure for determining whether Triple-S has the right to terminate pursuant to this Section 16.1(c).
Termination for certain Service Level Failures. If Supplier fails to meet the *** Critical Service Level *** Health Net may, by giving notice to Supplier, terminate the Agreement, in whole or in part, without charge, as of a date specified in the notice of termination. The Parties agree that the failures referred to in the preceding sentence must occur while such Service Level is designated as a Critical Service Level (i.e. , has a Weighting Factor assigned to it). The foregoing right to terminate shall not be construed as precluding Health Net from claiming that some other combination of failures to meet Service Levels or Critical Service Levels is a material breach of this Agreement and to exercise any available remedies in connection with such material breach. “Top *** Critical Service Levels” shall mean the *** Critical Service Levels to which Health Net allocates the highest number of percentage points of the Pool Percentage Available for Allocation. ***.
Termination for certain Service Level Failures. If (i) the amount of Service Level Credits (excluding those associated with Non-BPaaS IT Services) that Supplier is obligated to credit to Health Net equals the entire BPaaS Amount at Risk for *** or more months in any rolling *** continuous month period, or (ii) the amount of Service Level Credits relating to the Non-BPaaS IT Services that Supplier is obligated to credit to Health Net equals the entire Non-BPaaS Amount at Risk for *** or more months in any rolling *** continuous month period, then Health Net may, by giving notice to Supplier, terminate this Agreement (in whole or in part) or any Related SOW(s) (in whole or in part), as of a date specified in the notice of termination. The foregoing rights to terminate shall not be construed as precluding Health Net from claiming that any other Service Level Failure (or combination thereof) is a material breach of this Agreement and to exercise any available remedies in connection with such material breach.