Common use of Company Dependencies Clause in Contracts

Company Dependencies. To the extent an obligation of BNYM under this Schedule C is dependent and contingent upon Company’s or Permitted User’s performance of an action or refraining from performing an action that has been specified or described in this Schedule C or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s industry (“Company Dependency”), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed, provided that any failure to properly perform or a delay in performing a Company Dependency is not the result of BNYM’s failure to act in accordance with its obligations under the Main Agreement or this Schedule C. Confidential And Proprietary Execution Version

Company Dependencies. To the extent an obligation of BNYM under this Schedule C is dependent and contingent upon Company’s or Permitted User’s performance of an action or refraining from performing an action that has been specified or described in this Schedule C or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s industry (“Company Dependency”), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly Confidential And Proprietary Execution Version perform or a delay in properly performing a Company Dependency and BNYM’s obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed, provided that any failure to properly perform or a delay in performing a Company Dependency is not the result of BNYM’s failure to act in accordance with its obligations under the Main Agreement or this Schedule C. Confidential And Proprietary Execution VersionC.

Company Dependencies. To the extent an obligation of BNYM under this Schedule C is dependent and contingent upon Company’s 's or Permitted User’s 's performance of an action or refraining from performing an action that has been specified or described in this Schedule C or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s 's industry (“"Company Dependency”"), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s 's obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed, provided that any failure to properly perform or a delay in performing a Company Dependency is not the result of BNYM’s failure to act in accordance with its obligations under the Main Agreement or this Schedule C. Confidential And Proprietary Execution VersionC.

Company Dependencies. To the extent an obligation of BNYM under this Schedule C is dependent and contingent upon Company’s or Permitted User’s performance of an action or refraining from performing an action that has been specified or described in this Schedule C or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s industry (“Company Dependency”), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed, provided that any failure to properly perform or a delay in performing a Company Dependency is not the result of BNYM’s failure to act in accordance with its obligations under the Main Agreement or this Schedule C. Confidential And Proprietary Execution VersionC.

Company Dependencies. To the extent an obligation of BNYM under this Schedule C D is dependent and contingent upon Company’s 's or Permitted User’s 's performance of an action or refraining from performing an action that has been specified or described in this Schedule C D or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s 's industry (“"Company Dependency”"), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s 's obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed, provided that any failure to properly perform or a delay in properly performing a Company Dependency is not the result of BNYM’s failure to act in accordance with its obligations under the Main Agreement or this Schedule C. Confidential And Proprietary Execution VersionD.