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.
Appears in 2 contracts
Sources: Master Services Agreement, Master Services Agreement (Health Net Inc)