Certain Limits on Services Clause Samples
The 'Certain Limits on Services' clause defines specific boundaries or restrictions on the services that a party is obligated to provide under an agreement. This may include limitations on the scope, duration, or type of services, such as excluding support for outdated software or capping the number of service hours per month. By clearly outlining what is and is not included, this clause helps manage expectations and prevents disputes over service obligations.
Certain Limits on Services. (a) Nothing in this Agreement shall require Service Provider (or any person acting on its behalf) to perform or cause to be performed any Service in a manner that would constitute a violation of (i) applicable Law, (ii) any Contract or (iii) the rights of any Person.
(b) In the event that (i) there is nonperformance of any Service as a result of a Force Majeure or (ii) the provision of a Service would violate (A) applicable Law, (B) any Contract or (C) the rights of any Person, the Parties hereby acknowledge and agree that Service Provider may suspend performance of the Service(s) so affected during such period (but, without limiting the foregoing, only if and to the extent such Service(s) so affected cannot reasonably be performed by Service Provider in another commercially reasonable manner) and agree to work together in good faith to arrange for a reasonable alternative means by which Service Recipient (or, as applicable, its Affiliates) may obtain the Services so affected. Service Provider shall use commercially reasonable efforts during any such period to mitigate its costs with respect to any such affected Service. All costs and expenses incurred in connection with obtaining any alternative arrangement shall be split evenly between the Parties.
Certain Limits on Services. Except as expressly contemplated in the Schedules, neither the Providing Party nor any of its Affiliates shall be obligated to perform or to cause to be performed any Service in a volume or quantity which exceeds the historical volumes or quantities of Services performed for the applicable Recipients during 2000 or 2001 to date or anticipated to be performed during the remainder of 2001, without reference to the transactions contemplated by the Contribution and Distribution Agreement.
Certain Limits on Services. Except as expressly contemplated in the Schedules, neither BMS nor any of its Affiliates shall be obligated to perform or to cause to be performed any Service in a volume or quantity which exceeds one hundred ten percent (110%) of the historical volumes or quantities of Services performed by it or its Affiliates for the Business during calendar year 2012, without reference to the transactions contemplated by the Master Transaction Agreement; provided, however, if Purchaser wishes to increase the volume or quantity of such Services provided under this Agreement by more than such amount, Purchaser shall make a request to the appropriate party in writing in accordance with Section 5(j) at least five (5) Business Days prior to the next Review Meeting setting out in as much detail as reasonably possible the change requested and the reason for requesting the change which request will be considered at the next Review Meeting. BMS may, in its sole discretion, choose to accommodate or not to accommodate any such request in part or in full. Neither BMS nor any of its Affiliates shall have any obligation to replace any person who is employed or otherwise engaged by any of them to perform the Services upon the termination of such person’s employment with BMS or an Affiliate of BMS, as the case may be, for whatever reason.