American Home Shield 2010 Annual Report Download - page 371

(vi) For a Compound Service Level, satisfaction of each and every metric, condition, component or element is
necessary for the satisfaction of the corresponding Service Level. Customer may create a Compound Service Level from
separate, pre-existing Service Levels. Where a Compound Service Level is created from a number of separate, pre-existing
Service Levels, the Allocation of Pool Percentage for such Compound Service Level shall not exceed [***].
(vii) Service Provider will promptly investigate and remediate all failures associated with Service Levels in
accordance with Section 8 below.
(viii) Service Provider will provide Customer with the performance reporting for the Services as specified in
this Schedule D-1, the "Reports" Schedule, and the "Governance and Change Control" Exhibit.
(ix) Service Provider will minimize recurrences of all performance-related failures for which it is responsible
in accordance with Section 8 below. Service Provider will also be responsible for reporting to Customer any problems, such
as outages, that appear likely to result in a failure to meet any Service Level, within [***] of Service Provider becoming
aware of any such problem.
(x) Customer will have the right to receive Service Level Credits and ultimately to terminate the Services
notwithstanding any of the aforesaid efforts of Service Provider, if and to the extent such rights accrue in accordance with the
Agreement or this Schedule D-1.
(xi) Customer and Service Provider will each provide a single point of contact for the prompt resolution of all
Service Level Defaults and all failures to provide Services to Customer in accordance with the "Service Level Agreement"
Schedule and the Agreement.
(b) Reporting of Performance Measures.
Commencing on the Service Level Commencement Date and continuing throughout the Term, including during any
Termination Assistance Period:
(i) Service Provider shall assemble and create the reports described in the "Reports" Schedule and the
"Service Level Agreement" Schedule on the performance of the Services, in order to assist in the effective management of
the Services and support the improvement of the Service Levels as described herein.
(ii) Service Provider shall provide detailed supporting information for each report to Customer in electronic
form suitable for use on a personal computer. In addition, Service Provider shall make such information available to
Customer on-line using commonly available technology. The raw data and detailed supporting information shall be deemed
to be Customer Confidential Information, and Customer may access such information on-line at any time during the Term;
provided, that IBM may retain a copy of such data solely for its accounting records, subject to the provisions of Section 11 of
the Master Agreement.
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