Common use of Misunderstandings and Oversights Clause in Contracts

Misunderstandings and Oversights. If any delay, omission, error or failure to perform any act required by this Agreement is unintentional and caused by misunderstanding or oversight, PHS and Guardian will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party that first discovers such oversight or incorrect act as a result of the misunderstanding will notify the other party in writing promptly upon discovery of the misunderstanding or oversight. The parties shall act to correct the error, omission or oversight within thirty (30) days of notification of the problem. This Section 13.2 shall not be construed as a waiver by either party of its right to enforce strictly the terms of this Agreement.

Appears in 3 contracts

Samples: Marketing and Services Agreement (Physicians Health Services Inc), Marketing and Services Agreement (Physicians Health Services Inc), Marketing and Services Agreement (Physicians Health Services Inc)

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Misunderstandings and Oversights. If any delay, omission, error or failure to perform any act required by this Agreement is unintentional and caused by misunderstanding or oversight, PHS and Guardian will the parties shall adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party that first discovers such oversight or incorrect act as a result of the misunderstanding will notify the other party in writing promptly upon discovery of the misunderstanding or oversight. The parties shall act to correct the error, omission or oversight within thirty (30) days of notification of the problem. This Section 13.2 10.1 shall not be construed as a waiver by either party of its right to enforce strictly the terms of this Agreement.

Appears in 1 contract

Samples: Strategic Relationship Agreement (Safeguard Health Enterprises Inc)

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Misunderstandings and Oversights. If any delay, ---------------------------------- omission, error or failure to perform any act required by this Agreement is unintentional and caused by misunderstanding or oversight, PHS and Guardian will the parties shall adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party that first discovers such oversight or incorrect act as a result of the misunderstanding will notify the other party in writing promptly upon discovery of the misunderstanding or oversight. The parties shall act to correct the error, omission or oversight within thirty (30) days of notification of the problem. This Section 13.2 10.1 shall not be construed as a waiver by either party of its right to enforce strictly the terms of this Agreement.

Appears in 1 contract

Samples: Strategic Relationship Agreement (Safeguard Health Enterprises Inc)

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