10.1 For the purposes of monitoring and managing performance under this Agreement the Parties shall respectively appoint the Client’s Performance Representative and the Service Provider’s Performance Representative (each a “Performance Representative” for the purposes of this Clause 10). It shall be the responsibility of the Performance Representatives to ensure that the Services are provided in accordance with the Service Levels and the terms and conditions of this Agreement. 10.2 The provision of the Services in accordance with the Service Levels shall be monitored by [the Client’s Performance Representative] [and] OR [the Service Provider’s Performance Representative] in accordance with the provisions of Schedule 3. 10.3 All data collected by the Performance Representative(s) pursuant to this Clause 10 and to Schedule 3 shall be presented in monthly Performance Reports by [the Client] [and] OR [the Service Provider]. 10.4 Performance Reports shall be submitted, within the time period specified in Schedule 3, to the Client’s Representative and the Key Account Manager for consideration and agreement upon appropriate action to be taken (where relevant) during meetings to be held in accordance with sub-Clause 9.1. 11. Service(s) Failure 11.1 In the event that, in respect of any of the Services provided, the Service Provider fails to adhere to the Service Levels set out in Schedule 3, the following Performance Remedies shall be available to the Client: a requirement for Services Improvement, in accordance with the provisions in Clause 12; [and/or the application of Service Credits, in accordance with the provisions in Clause 13.] 11.2 The Service Provider is expected to meet the Service Levels set out in Schedule 3 from the Commencement Date. In the that the Service Provider fails to adhere to the Service Levels set out in Schedule 3, the Client shall be able to apply the Performance Remedies, [save the Client shall not apply any Service Credits during the Services Bedding-in Period]. 12. Service(s) Improvement 12.1 In the event that the Service Provider fails to adhere to the Service Levels set out in Schedule 3, the following provisions shall apply: 12.1.1 if the Service Provider fails to meet the Service Levels then the Client may, acting reasonably, issue a Service(s) Improvement Notice.
10.1 For the purposes of monitoring and managing performance under this Agreement the Parties shall respectively appoint the Client’s Performance Representative and the Service Provider’s Performance Representative (each a “Performance Representative” for the purposes of this Clause 10). It shall be the responsibility of the Performance Representatives to ensure that the Services are provided in accordance with the Service Levels and the terms and conditions of this Agreement. 10.2 The provision of the Services in accordance with the Service Levels shall be monitored by [the Client’s Performance Representative] [and] OR [the Service Provider’s Performance Representative] in accordance with the provisions of Schedule 3. 10.3 All data collected by the Performance Representative(s) pursuant to this Clause 10 and to Schedule 3 shall be presented in monthly Performance Reports by [the Client] [and] OR [the Service Provider]. 10.4 Performance Reports shall be submitted, within the time period specified in Schedule 3, to the Client’s Representative and the Key Account Manager for consideration and agreement upon appropriate action to be taken (where relevant) during meetings to be held in accordance with sub-Clause 9.1. 11. Service(s) Failure 11.1 In the event that, in respect of any of the Services provided, the Service Provider fails to adhere to the Service Levels set out in Schedule 3, the following Performance Remedies shall be available to the Client: a requirement for Services Improvement, in accordance with the provisions in Clause 12; [and/or the application of Service Credits, in accordance with the provisions in Clause 13.] 11.2 The Service Provider is expected to meet the Service Levels set out in Schedule 3 from the Commencement Date. In the that the Service Provider fails to adhere to the Service Levels set out in Schedule 3, the Client shall be able to apply the Performance Remedies, [save the Client shall not apply any Service Credits during the Services Bedding-in Period]. 12. Service(s) Improvement 12.1 In the event that the Service Provider fails to adhere to the Service Levels set out in Schedule 3, the following provisions shall apply: 12.1.1 if the Service Provider fails to meet the Service Levels then the Client may, acting reasonably, issue a Service(s) Improvement Notice.
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