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PSERN Operator's or applicable employing agency's ability to take employment <br />action, up to and including termination of employment, regarding a PSERN <br />Transitional Employee who fails to meet any requirement of his/her employment. <br />8.3.4 Nothing in this section shall preclude the PSERN Operator or an applicable <br />employing agency from hiring a PSERN Transitional Employee serving as a <br />temporary employee to a permanent position. <br />8.4 No Third -Party Beneficiaries. <br />Employees affected by this Agreement are not intended to be third -party beneficiaries to <br />this Agreement and cannot sue to enforce its terms. <br />9.0 Service Level Requirements <br />9.1 Contractor Services <br />The PSERN Operator shall ensure the following services are provided by the Contractor <br />throughout the expected service life of the PSERN System: <br />(i) technical support; <br />(ii) infrastructure repair; <br />(iii) System updates; and <br />(iv) System upgrades. <br />9.2 Minimum Performance <br />The PSERN Operator shall ensure the following minimum performance requirements for <br />the PSERN System: <br />DAQ 3.4; <br />(ii) 97% reliability; <br />(iii) 97% portable on -street coverage in the Primary Bounded Area; <br />(iv) 95% portable on -street coverage in the Highway Buffer Covered Areas; <br />(v) grade of service of 1.0; <br />(vi) 99.999% availability of backhaul; <br />(vii) at least 17db added signal above the baseline PSERN design within the <br />three (3) polygon coverage areas shown in Exhibit B; and <br />(viii) provide 97% portable on -street coverage with 97% SAR (service area <br />reliability) in the three (3) polygon coverage areas shown in Exhibit B. <br />10.0 RESERVED <br />11.0 WITHDRAWAL AND REMOVAL <br />11.1 Withdrawal of a Party <br />Page 15 <br />