Common use of Factors Beyond the HSP’s Control Clause in Contracts

Factors Beyond the HSP’s Control. Despite the foregoing, if the Funder, acting reasonably, determines that the Performance Factor is, in whole or in part, a Factor Beyond the HSP’s Control: (a) the Funder will collaborate with the HSP to develop and implement a mutually agreed upon joint response plan which may include an amendment of the HSP’s obligations under this Agreement; (b) the Funder will not require the HSP to prepare an Improvement Plan; and (c) the failure to meet an obligation under this Agreement will not be considered a breach of this Agreement to the extent that failure is caused by a Factor Beyond the HSP’s Control.

Factors Beyond the HSP’s Control. Despite the foregoing, if the Funder, acting reasonably, determines that the Performance Factor is, in whole or in part, a Factor Beyond the HSP’s Control: (a) the Funder will collaborate with the HSP to develop and implement a mutually agreed upon joint response plan which may include an amendment of the HSP’s obligations under this Agreement; (bc) the Funder will not require the HSP to prepare an Improvement Plan; and (c) and the failure to meet an obligation under this Agreement will not be considered a breach of this Agreement to the extent that failure is caused by a Factor Beyond the HSP’s Control.