Common use of Limitations; Resource Allocations Clause in Contracts

Limitations; Resource Allocations. Service Recipients acknowledge that Service Providers provide to themselves and other members of the Service Provider Group services that are similar to the Services. Consequently, the Service Provider may, from time to time, experience competing demands for its various services. Accordingly, Service Recipients agree that Service Providers may use reasonable discretion in prioritizing requests for service delivery among the Service Recipient and other members of the Service Provider Group, in each case consistent with past practices; provided that the Service Provider communicates scheduling issues associated with the delivery of any particular Service hereunder with the Service Coordinator for the Service Recipient Group, and that the Service Provider makes reasonable efforts to accommodate the Service Recipient’s requests for Services. No Service Provider shall be required to add or retain staff, equipment, facilities or other resources in order to provide any Service. With the prior written consent of the applicable Service Recipient (which consent shall not be unreasonably withheld, declined or conditioned), the Service Provider shall have the right to outsource all or portions of some Services to qualified third-party subcontractors; provided that the Service Provider shall be responsible for the costs of such third-party subcontractors.

Appears in 2 contracts

Samples: Transition Services Agreement (Archrock, Inc.), Transition Services Agreement (Exterran Corp)

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Limitations; Resource Allocations. Service Recipients acknowledge that Service Providers provide to themselves and other members of the Service Provider Group services that are similar to the Services. Consequently, the Service Provider may, from time to time, experience competing demands for its various services. Accordingly, Service Recipients agree that Service Providers may use reasonable discretion in prioritizing requests for service delivery among the Service Recipient and other members of the Service Provider Group, in each case consistent with past practices; provided that the Service Provider communicates scheduling issues associated with the delivery of any particular Service service hereunder with the Service Coordinator for the relevant Service Recipient Grouppersonnel, and that the Service Provider makes reasonable efforts to accommodate the Service Recipient’s requests for Servicesservices provided such services requested are consistent with services provided prior to the Distribution Date. No Service Provider shall be required to add or retain staff, equipment, facilities or other resources in order to provide any Service. With the prior written consent of the applicable Service Recipient (which consent shall not be unreasonably withheld, declined or conditioned), the The Service Provider shall have the right to outsource all or portions of some Services to qualified third-party subcontractors; provided that third parties if the Service Provider shall be responsible for deems it necessary in order to enable the costs of such third-party subcontractorsService Provider Group’s personnel to continue to adequately perform their other job functions.

Appears in 2 contracts

Samples: Transition Services Agreement (NOW Inc.), Transition Services Agreement (NOW Inc.)

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