Third Party Systems, Acts or Omissions; Force Majeure Sample Clauses

Third Party Systems, Acts or Omissions; Force Majeure. 11.1. The amounts stated for each occurrence of each performance failure may define a maximum of liquidated damages due from Contractor. Contractor will not be liable for any failure to meet a Service level Agreement or for associated liquidated damages resulting from events, causes, or responsibilities that are outside of Contractor’s control, including SANDAG’s or its personnel or the SANDAG’s third party contractor’s failure to meet XXXXXX’s contractual responsibilities or that result from an event of force majeure or third party hardware or software for which Contractor does not hold the license or purchase agreement (provided, however, that if Contractor is acting as payee agent for the procurement of such third party hardware or software on behalf of SANDAG and SANDAG enforces any liquidated damages against such third party vendor under XXXXXX’s separate license or purchase agreement with such third party vendor, such assessment against such third party vendor, if being made as a payment offset, may be made via the payments being passed through Contractor as payee agent). Unscheduled downtime or delayed response time resulting from infrastructure controlled and managed by third parties or SANDAG will not be considered as a measured SLA event. . SLA # Service Level KPIs Definition Measurement Criteria Measured Unit Measurement Requirement Operational Measurement Period/Sample Liquidated Damages Availability The BOS application will be considered available if it is accessible for functional use, except during scheduled maintenance. 99.50% Minutes available / total minutes in measured time period. Availability to be measured/reported by Contractor using tools available in the cloud. Measured monthly for entire time period. For the CSC application: for every hour below the SLA, the Contractor shall be subject to Liquidated Damages in the amount of $250 of the monthly maintenance fee.
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