This excerpt taken from the GPS 10-K filed Mar 28, 2006.
6. PRESUMPTIVE SERVICE LEVELS
Presumptive Service Levels are specified in Exhibit B.1 (Service Level Matrix) for various Services. In cases where insufficient data currently exist, to determine the appropriate
standard for service, a Measurement Study Period will be used to establish an appropriate standard. Supplier will begin measuring its performance against all Presumptive Service Levels on the agreed upon date following the Initiation Date for a *
Measurement Study Period, unless a shorter or longer Measurement Study Period is otherwise agreed upon by the Parties in writing. Should it be determined that a * Measurement Study Period is not indicative of Gaps normal business cycle, Gap
and Supplier will mutually define another period as the Measurement Study Period.
The Parties shall monitor and analyze Suppliers performance as against the Presumptive Service Levels prior to the date such Service Levels become Set Service Levels, and such
Service Levels shall not apply during such period.
During the agreed upon Measurement Study Period, Supplier will use the tools set forth on Exhibit B.3 (Measuring Tools and Methodologies). Supplier shall bear all costs and expenses
associated with such tools (including the maintenance and modification of such tools), as listed in Exhibit D.8 (Existing Agreements) to the Agreement, unless otherwise set forth in the Agreement as a Gap responsibility.
During such period, the Parties shall meet and in good faith discuss the propriety of the Presumptive Service Levels given all relevant factors including Gaps reasonable
business needs; performance during such period; applicable industry standards; performance prior to the Initiation Date; non-recurring (or remedied) events responsible for performance degradation prior to and after the Initiation Date; and steps
either Party has taken, or could take, to improve Service Level performance.
At the end of the Measurement Study Period, and with the written agreement of the Parties, Presumptive Service Levels will be changed to Set Service Levels. If the * of performance
Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Supplier during the applicable Measurement Study Period is *, the Set Service Level will be established at the *. For example, if the Presumptive Service
Level is *, and Supplier averages * performance during the Measurement Study Period, the Set Service Level shall be established at *.
To the extent that *, such Presumptive Service Levels shall be adjusted as mutually agreed in writing by the Parties and as adjusted shall become a Set Service Level.
If, with respect to any Presumptive Service Level, the Parties do not agree (a) to change a Presumptive Service Level to a Set Service Level pursuant to Section 6.5 above,
or (b) on an adjustment thereto during the Measurement Study Period, such Service Level shall become a Set Service Level as provided in Section 9 (Process For Additions and Deletions of Service Levels) below.
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