Decreased Use of the Services. The Provider shall be relieved from its obligations to provide a Service where (i) to provide such Service would cause the Provider to incur unavoidable and additional material costs solely on account of the Recipient’s requirements; and (ii) the Recipient’s requirements are materially greater in scale and complexity than those required by Provider; and (iii) such costs would not be incurred in the absence of an obligation under this Agreement. Where the Provider claims such relief, the Provider shall provide the Recipient with ninety (90) days (in the case of continuing the Services in their current form) or reasonable (where a Service has been discontinued prior to, or not recommenced as at the Commencement Date) prior written notice (and such notice shall contain (to the extent known to the Provider after making reasonable enquiries at the Recipient’s reasonable costs) details of any proposed alternative service of materially similar functionality, quality and scope and an estimate of the likely costs to be incurred in providing or recommencing the Service (or a service of materially similar functionality, quality and scope)) and the Recipient shall respond to such notice as soon as reasonably practicable and in any event within thirty (30) days (in the case of continuing the Services in their current form) or sixty (60) days (where a Service has been discontinued or not recommenced) indicating whether the Recipient requires the Service(s) (or, at the Provider’s option a service of materially similar functionality, quality and scope) to be continued or recommenced (notwithstanding the Provider’s claim for relief). Where the Recipient gives such a notice it shall be responsible for all of the reasonable additional costs incurred by Provider (which the Provider has notified to the Recipient in advance in reasonable detail) in providing the relevant Service (or a service of materially similar functionality, quality and scope) from the date of the Recipient’s notice and the Provider shall be obliged to continue to provide the Service(s) either immediately (in the case of continuing the Services in their current form) or as soon as reasonably practicable (where a Service has been discontinued or not recommenced). Where a Service has been discontinued or not recommenced in each case prior to 4 November 2008, for the avoidance of doubt the Provider shall have no obligation to provide the Service(s) until the Service(s) recommences. Where the Provider claims su...
