Critical Service Level Failure. [In Annex 2 to Part A of Call Off Schedule 6 (Service Levels, Service Credits and Performance Monitoring)] 16
Critical Service Level Failure. [Not applied] [OR] [Example: In relation to [ ] a Critical Service Level Failure shall include a delay in producing [ ] ordered by the Customer in excess of [twenty four (24) hours] more than once in any [three (3) Month] period or more than [three (3)] times in any rolling [twelve (12) Month] period.] [Example: In relation to [ ] a Critical Service Level Failure shall include a loss of [ ] during core hours (08:00 – 18:00 Mon – Fri excluding bank holidays) to the [ ] for more than [twenty four (24) hours] accumulated in any [three (3) Month] period, or [forty eight (48)] hours in any rolling [twelve (12) Month] period.] [Other] Guidance Note: see Clause 14 (Critical Service Level Failure) which provides the Customer with a right to retain and deduct Contract Charges as compensation or terminate the Contract for material Breach if there is a Critical Service Level Failure. See also paragragh 84 of Part A of Contract Schedule 6 (Service Levels, Service Credits and Performance Monitoring). If Critical Service Level Failure is required, populate the specific instances which shall constitute Critical Service Level Failure.
Critical Service Level Failure. 14.1 On the occurrence of a Critical Service Level Failure:
Critical Service Level Failure. Not applied
Critical Service Level Failure. This Clause 14 shall apply if the Customer has specified both Service Credits and Critical Service Level Failure in the Call Off Order Form. On the occurrence of a Critical Service Level Failure: any Service Credits that would otherwise have accrued during the relevant Service Period shall not accrue; and the Customer shall (subject to the Service Credit Cap set out in Clause 36.2.1(a) (Financial Limits)) be entitled to withhold and retain as compensation for the Critical Service Level Failure a sum equal to any Call Off Contract Charges which would otherwise have been due to the Supplier in respect of that Service Period (“Compensation for Critical Service Level Failure"), provided that the operation of this Clause 14.2 shall be without prejudice to the right of the Customer to terminate this Call Off Contract and/or to claim damages from the Supplier for material Default as a result of such Critical Service Level Failure. The Supplier: agrees that the application of Clause 14.2 is commercially justifiable where a Critical Service Level Failure occurs; and acknowledges that it has taken legal advice on the application of Clause
Critical Service Level Failure. If Accenture fails to meet the Minimum Service Level for any Critical Service Level, then Accenture shall (i) promptly perform a root-cause analysis to identify the cause of such failure; (ii) use Reasonable Efforts to correct such failure and to begin meeting the Service Levels as promptly as practicable; and (iii) provide Hawaiian Telcom with a report detailing the cause of, and procedure for correcting, such failure.
Critical Service Level Failure. [by the supplier]
Critical Service Level Failure. If, in any given month, Smartx fails to meet a Critical Service Level for the services described herein (each, a "Critical Service Level Failure"), Smartx shall issue three (3) Performance Credits to Customer, which may, in Smartx's sole discretion, either be paid to Customer in a cash payment to be received within thirty (30) days of any such request or be applied to the next billing period's charges.
Critical Service Level Failure. If the Commercial Agreement and/or Enabling Agreement is terminated by the Authority or Customer, as applicable, in accordance with Clause B20(h) below, such termination shall be without prejudice to the right of the Authority and/or Customer, as applicable, to claim damages from the Supplier for material Default as a result of such Critical Service Level Failure. The Supplier: agrees that the application of Clause B7.3(a) above is commercially justifiable where a Critical Service Level Failure occurs; and acknowledges that it has taken legal advice on the application of Clause B7.3(a) and has had the opportunity to price for that risk when calculating the Service Fees.
Critical Service Level Failure. The Performance Review Meetings (as defined in paragraph 3.2 of Annex 1 to Part B of Call Off Schedule 6) and Performance Monitoring Reports shall be used to identify a Critical Service Level Failure. Any identified issues as a result of a Performance Review Meeting, and/or any other avenue, may be reviewed between the Parties in the first instance to discuss the issue(s) and a Rectification Plan put in place. The provisions in this section 4.3 replace Clause 14 of the Call Off Terms. Critical Service Level Failures are; • failure by the Supplier to be able to receive any calls owing to a fault with the Supplier’s systems – for more than 8 consecutive hours; and • excessive call handling time i.e. weekly average of sixty (60) minutes per call where this is not caused by circumstances outside of the Supplier’s control e.g. slow performance of Customer provided systems. This may be varied in respect of any Call Off Extension Period.
