Common use of BFA Recipient Non-Performance Clause in Contracts

BFA Recipient Non-Performance. (i) If a BFA Recipient becomes aware of a situation where it has failed or reasonably expects to fail (or a Third Party Provider has failed or reasonably expects to fail) to comply with its obligations hereunder in any material respect, such BFA Recipient will promptly inform Provider of the situation’s impact or expected impact. (ii) Provider will use Commercially Reasonable Efforts to perform its obligations on time and to prevent or circumvent such problem or delay, notwithstanding such BFA Recipient’s (or its Third Party Provider’s) failure to perform.

BFA Recipient Non-Performance. (i) If a BFA Recipient becomes aware of a situation where it has failed or reasonably expects intends to fail (or a Third Party Provider has failed or reasonably expects intends to fail) to comply with its obligations hereunder under a Service Module in any material respect, such BFA Recipient will promptly inform Provider State Street of the situation’s impact or expected impact. (ii) Provider State Street will use Commercially Reasonable Efforts to perform its obligations on time and to prevent or circumvent such problem or delay, notwithstanding such BFA Recipient’s (or its Third Party Provider’s) failure to perform.