Common use of Adverse Impact Clause in Contracts

Adverse Impact. Unless otherwise provided for in this Agreement, if the Company (i) makes any change to its processes, procedures, practices, networks, equipment, configurations, or systems and (ii) such change has a material adverse impact on Provider’s ability to provide any of the Services, Provider shall be excused from performing any such affected Services until the Company adequately, in Provider’s reasonable discretion, mitigates the material adverse impact of such change on the Provider’s ability to provide such Services, and the Company shall be responsible for all expenses, if any, incurred by Provider directly as a result of the cessation and, if applicable, the resumption of the affected Service (“Affected Service Expense”).

Appears in 3 contracts

Samples: Transition Services Agreement (Verenium Corp), Transition Services Agreement (Verenium Corp), Asset Purchase Agreement (Verenium Corp)

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Adverse Impact. Unless otherwise provided for in this Agreement, if the Company (i) makes any change to its processes, procedures, practices, networks, equipment, configurations, or systems and (ii) such change has a material adverse impact on Provider’s 's ability to provide any of the Services, Provider shall be excused from performing any such affected Services until the Company adequately, in Provider’s 's reasonable discretion, mitigates the material adverse impact of such change on the Provider’s 's ability to provide such Services, and the Company shall be responsible for all expenses, if any, incurred by Provider directly as a result of the cessation and, if applicable, the resumption of the affected Service ("Affected Service Expense").

Appears in 2 contracts

Samples: Transition Services Agreement (Verenium Corp), Transition Services Agreement (Verenium Corp)

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