Common use of Service Level Credits Clause in Contracts

Service Level Credits. Successful Respondent recognizes that DIR is paying Successful Respondent to deliver the Services at specified Service Levels. If Successful Respondent fails to meet such Service Levels, then, in addition to other remedies available to DIR, Successful Respondent shall pay or credit to DIR the Service Level Credits specified in Exhibit 3.0 Performance Model in recognition of the diminished value of the Services resulting from Successful Respondent’s failure to meet the agreed upon level of performance, and not as a penalty. Under no circumstances shall the imposition of Service Level Credits be construed as DIR's sole or exclusive remedy for any failure to meet the Service Levels Service Level Credits are not counted toward and are not subject to the overall cap on Successful Respondent’s liability.

Service Level Credits. Successful Respondent recognizes that DIR is paying Successful Respondent to deliver the Services at specified Service Levels. If Successful Respondent fails to meet such Service Levels, then, in addition to other remedies available to DIR, Successful Respondent shall pay or credit to DIR the Service Level Credits specified in Exhibit 3.0 Performance Model Attachment 3-A Service Levels Matrix in recognition of the diminished value of the Services resulting from Successful Respondent’s failure to meet the agreed upon level of performance, and not as a penalty. Under no circumstances shall the imposition of Service Level Credits be construed as DIR's sole or exclusive remedy for any failure to meet the Service Levels Service Level Credits are not counted toward and are not subject to the overall cap on Successful Respondent’s liability.