Common use of Failure to Perform Other Obligations Clause in Contracts

Failure to Perform Other Obligations. Unless due to a Force Majeure Event excused by Section 9, the failure of Customer to perform or cause to be performed any other material obligation required to be performed by Customer under this Agreement, or the failure of any representation and warranty set forth herein to be true and correct as and when made; provided, however, that if such failure by its nature can be cured, then Customer shall have a period of thirty (30) business days after receipt of written notice from Provider of such failure to Customer to cure the same and a Customer Default shall not be deemed to exist during such period; provided, further, that if Customer commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, said period shall be extended for one hundred twenty (120) additional days; provided, finally, that in any event if such failure shall continue for at least five (5) days after notice to Customer and shall result in lost revenue to Provider, Provider shall be entitled to reasonably estimate the amount of revenue that would have been obtained and shall invoice Customer therefor;

Failure to Perform Other Obligations. Unless due to a Force Majeure Event or Budget Non-Appropriation Event excused by Section 9, the failure of Customer State Purchaser to perform or cause to be performed any other material obligation required to be performed by Customer State Purchaser under this Agreement, or the failure of any representation and warranty set forth herein to be true and correct as and when made; provided, however, that if such failure by its nature can be cured, then Customer State Purchaser shall have a period of thirty (30) business days after receipt of written notice from Provider of such failure to Customer State Purchaser to cure the same and a Customer State Purchaser Default shall not be deemed to exist during such period; provided, further, that if Customer State Purchaser commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, said period shall be extended for one one-hundred twenty (120) additional days; provided, finally, that in any event if such failure shall continue for at least five (5) days after notice to Customer and shall result in lost revenue to Provider, Provider shall be entitled to reasonably estimate the amount of revenue that would have been obtained and shall invoice Customer State Purchaser therefor;