Common use of Condition to Performance Clause in Contracts

Condition to Performance. Spinco acknowledges and agrees that Pluto shall not be responsible for any failure to provide the Services to the extent that such failure results from Spinco’s breach of this Agreement, including its obligations under Section 2.10, or to the extent that such failure is pursuant to a suspension of a Service that is in accordance with Section 2.11(a) or Section 9.14.

Condition to Performance. Spinco Pluto acknowledges and agrees that Pluto Spinco shall not be responsible for any failure to provide the Services to the extent that such failure results from SpincoPluto’s breach of this Agreement, including its obligations under Section 2.10, or to the extent that such failure is pursuant to a suspension of a Service that is in accordance with Section 2.11(a) or Section 9.14.