【導(dǎo)讀】Appendix(SS). <PPPProjectName>. between. <SponsorAgency>. &. <ThePrivatePartner>. PreparedBy:<Author>. DocumentVersion:<>. Date:<Month,Year>. <PPPProjectName>. Arabia.thisAgreement.<PPPProjectName>. TABLEOFCONTENTS

　　

【正文】 required. This section should identify the requirements of Service Continuity Management including the time frame for restoring key business functions and the timeframe for restoring all business function. PPP Project Name Service Level Agreement 15 8 SUPPORTING DOCUMENTATION This section of the Agreement shall specify the documentation that is associated with this Agreement. Example Documentation Description PPP Contract This is the main Contract to which this SLA is associated with. Table 8: Supporting Documentation PPP Project Name Service Level Agreement 16 9 TERMINATION This section of the Agreement addresses provisions to define the events that will trigger termination, other than termination of the PPP Contract in accordance with Section . For example, a persistent failure to meet the service levels over a period of time will give rise to a right of termination. It is mon for services contracts to include a right of termination for “material” breach, however, this term is not always easy to define and may not introduce the level of certainty required. A “material breach” is subjective and will depend upon the terms and duration of the agreement, the nature and consequences of the breach and the factual background. It is likely that a “material” breach is something less than a repudiatory breach (giving rise to a right of termination under the general law) but, in the absence of a contractual definition, the materiality of a breach is difficult to measure. This will need to be negotiated on a case by case basis based on the relevant PPP Contract. PPP Project Name Service Level Agreement 17 10 GENERAL PROVISIONS This section of the Agreement enpasses standard terms and provisions which shall be included in each Agreement and are not subject to change. (a) Severability. If any provision of this Agreement is declared by a court of petent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision hereof. (b) Entire Agreement. This Agreement, together with the PPP Contract, represents the entire agreement of the parties with respect to the subject matter hereof and any other previous understanding, mitments, or agreement, oral or written, between the Agency and the Private Partner with respect to the subject matter hereof. (c) Notices. Any notices given hereunder shall be given pursuant to and as provided in the PPP Contract. (d) Waiver. No failure by either party to insist upon the strict performance of any covenant, term or condition of this Agreement, or to exercise any right or remedy, shall constitute a waiver of such right or remedy on any subsequent occasion. (e) Governing Law. The validity, construction, scope and performance of this Agreement shall be governed by the laws of the Kingdom of Saudi Arabia, exclusive of its choice of law provisions. (f) Amendments. This Agreement may not be amended except in writing executed by duly authorized representatives of both the Agency and the Private Partner. (g) Assignment. This Agreement may not be assigned by either party except in connection with and under the circumstances permitted under the PPP Contract. Subject to the foregoing, this Agreement will be binding on the parties and their respective successors and permitted assigns. (h) Counterparts. This Agreement may be signed in one or more counterpart copies, all of which together shall constitute one Agreement and each of which shall constitute an original. PPP Project Name Service Level Agreement 18 11 AGREEMENT APPROVAL This section is the last section of the Agreement and it includes the signatories and date for each signatory. Example __________________________ _____________________ Agency deputy Date __________________________ _____________________ Private Partner deputy Date