Common use of Failure to Provide Service Clause in Contracts

Failure to Provide Service. If Vendor fails to provide the Services as set forth in this Agreement, Member may obtain the same or equivalent Service through an alternative MMCAP Infuse vendor. If MMCAP Infuse vendor cannot provide Member the Services required, the Member may obtain the Service on the open market, including retail, for the period in which the Vendor is unable to provide the Service. The Vendor will reimburse for any additional costs (including shipping and third-party fees) over the Contract Pricing of this Agreement sustained by Member via a credit within thirty (30) days of receipt of the claim.

Failure to Provide Service. If Vendor fails to provide the Services as set forth in this Agreement, Member may obtain the same or equivalent Service through an alternative MMCAP Infuse vendor. If MMCAP Infuse vendor cannot provide Member the Services required, the Member may obtain the Service on the open market, including retail, for the period in which the Vendor is unable to provide the Service. The Vendor will reimburse for any additional costs (including shipping and third-party fees) over the Contract Pricing of this Agreement sustained by Member via a credit within thirty (30) days of receipt of the claim.