8 Performance Levels and Service Failures

8.1 The Service Provider shall, at all times, provide the Services in such a manner that the Performance Level for each Service is achieved.

8.2 The Service Provider shall monitor its performance of each of the Services by reference to the Service Level(s) for that Service and in accordance with the provisions of Schedule 13.

8.3 If the level of performance of the Service Provider of any element of a Service during a Service Period:

(a) achieves the Performance Level in respect of each element of the Service, no Deductions will accrue to the Service Provider in respect of that element of the Service;

(b) is below the Performance Level, then unless Rectified in accordance with paragraphs 15 and 16 below a Service Failure shall be deemed to have occurred; or