Common use of CUSTOMER DEPENDENCIES Clause in Contracts

CUSTOMER DEPENDENCIES. 1.1 The Service Provider's sole and exclusive remedy for the Customer failing to meet any of its Customer Dependencies is set out in this clause 21 and the Service Provider shall not be entitled to sue the Customer for breach of contract or terminate the Agreement due to a failure of the Customer to meet the Customer Dependencies. 1.2 The Service Provider shall be excused from failures to perform its obligations under this Agreement if the Customer delays or fails to provide the Customer Dependencies but only: 1.1.1 to the extent that such failure causes Service Provider's failure to perform; 1.1.2 provided that such acts or omissions are not undertaken by the Customer at the Service Provider's direction or with the Service Provider's written consent; 1.1.3 provided that the Service Provider gives the Customer prompt written notice of the Customer's failure to perform the Customer Dependencies; and 1.1.4 provided the Service Provider uses Commercially Reasonable Efforts to mitigate the adverse consequences of the Customer's failure and continues to provide the Services. 1.3 Provided the Service Provider has complied with the obligations set out in clause 21.2 and has obtained the Customer's prior written approval, the Service Provider will be entitled to receive a reasonable adjustment in the timeframes set out in the schedule to deliver and reimbursement of its reasonable, demonstrable, unavoidable costs incurred directly as a result of the Customer's failure to perform the relevant Customer Dependency (with such costs being calculated by reference to the time spent and the Rate Card). 1.4 The Service Provider shall only be entitled to relief under this clause 21 from the date on which it notifies the Customer in accordance with clause 21.2.3.

CUSTOMER DEPENDENCIES. 1.1 21.1 The Service Provider's ’s sole and exclusive remedy for the Customer failing to meet any of its Customer Dependencies is set out in this clause 21 and the Service Provider shall not be entitled to sue xxx the Customer for breach of contract or terminate the Agreement due to a failure of the Customer to meet the Customer Dependencies. 1.2 21.2 The Service Provider shall be excused from failures to perform its obligations under this Agreement if the Customer delays or fails to provide the Customer Dependencies but only: 1.1.1 21.2.1 to the extent that such failure directly causes Service Provider's ’s failure to perform; 1.1.2 21.2.2 provided that such acts or omissions are not undertaken by the Customer at the Service Provider's ’s direction or with the Service Provider's ’s written consent; 1.1.3 21.2.3 provided that the Service Provider gives the Customer prompt written notice of the Customer's ’s failure to perform the Customer Dependencies; and 1.1.4 21.2.4 provided the Service Provider uses Commercially Reasonable Efforts to mitigate the adverse consequences of the Customer's ’s failure and continues to provide the Services. 1.3 21.3 Provided the Service Provider has complied with the obligations set out in clause 21.2 and has obtained the Customer's ’s prior written approval, the Service Provider will be entitled to receive a reasonable adjustment in the timeframes set out in the Transition Plan or schedule to deliver and reimbursement of its reasonable, demonstrable, unavoidable costs incurred directly as a result of the Customer's ’s failure to perform the relevant Customer Dependency (with such costs being calculated by reference to the time spent and the Rate Card)Dependency. 1.4 21.4 The Service Provider shall only be entitled to relief under this clause 21 from the date on which it notifies the Customer in accordance with clause 21.2.3.

CUSTOMER DEPENDENCIES. 1.1 The Service Provider's sole and exclusive remedy for the Customer failing to meet any of its Customer Dependencies is set out in this clause 21 and the Service Provider shall not be entitled to sue the Customer for breach of contract or terminate the Agreement due to a failure of the Customer to meet the Customer Dependencies. 1.2 The Service Provider shall be excused from failures to perform its obligations under this Agreement if the Customer delays or fails to provide the Customer Dependencies but only: 1.1.1 to the extent that such failure directly causes Service Provider's failure to perform; 1.1.2 provided that such acts or omissions are not undertaken by the Customer at the Service Provider's direction or with the Service Provider's written consent; 1.1.3 provided that the Service Provider gives the Customer prompt written notice of the Customer's failure to perform the Customer Dependencies; and 1.1.4 provided the Service Provider uses Commercially Reasonable Efforts to mitigate the adverse consequences of the Customer's failure and continues to provide the Services. 1.3 Provided the Service Provider has complied with the obligations set out in clause 21.2 and has obtained the Customer's prior written approval, the Service Provider will be entitled to receive a reasonable adjustment in the timeframes set out in the Transition Plan or schedule to deliver and reimbursement of its reasonable, demonstrable, unavoidable costs incurred directly as a result of the Customer's failure to perform the relevant Customer Dependency (with such costs being calculated by reference to the time spent and the Rate Card)Dependency. 1.4 The Service Provider shall only be entitled to relief under this clause 21 from the date on which it notifies the Customer in accordance with clause 21.2.3.

CUSTOMER DEPENDENCIES. 1.1 21.1 The Service Provider's ’s sole and exclusive remedy for the Customer failing to meet any of its Customer Dependencies is set out in this clause 21 and the Service Provider shall not be entitled to sue xxx the Customer for breach of contract or terminate the Agreement due to a failure of the Customer to meet the Customer Dependencies. 1.2 21.2 The Service Provider shall be excused from failures to perform its obligations under this Agreement if the Customer delays or fails to provide the Customer Dependencies but only: 1.1.1 21.2.1 to the extent that such failure causes Service Provider's ’s failure to perform; 1.1.2 21.2.2 provided that such acts or omissions are not undertaken by the Customer at the Service Provider's ’s direction or with the Service Provider's ’s written consent; 1.1.3 21.2.3 provided that the Service Provider gives the Customer prompt written notice of the Customer's ’s failure to perform the Customer Dependencies; and 1.1.4 21.2.4 provided the Service Provider uses Commercially Reasonable Efforts to mitigate the adverse consequences of the Customer's ’s failure and continues to provide the Services. 1.3 21.3 Provided the Service Provider has complied with the obligations set out in clause 21.2 and has obtained the Customer's ’s prior written approval, the Service Provider will be entitled to receive a reasonable adjustment in the timeframes set out in the Transition Plan or schedule to deliver and reimbursement of its reasonable, demonstrable, unavoidable costs incurred directly as a result of the Customer's ’s failure to perform the relevant Customer Dependency (with such costs being calculated by reference to the time spent and the Rate Card). 1.4 21.4 The Service Provider shall only be entitled to relief under this clause 21 from the date on which it notifies the Customer in accordance with clause 21.2.3.