Nonperformance. Except as otherwise provided in this Agreement, to the extent any nonperformance by either Party of its nonmonetary obligations under this Agreement results from or is caused by the other Party's failure to perform its obligations under this Agreement, such nonperformance shall be excused.
Appears in 2 contracts
Samples: Information Systems Management Agreement (Simione Central Holdings Inc), Information Systems Management Agreement (Flagstar Companies Inc)
Nonperformance. Except as otherwise provided in this Agreement, to To the extent any nonperformance by either Party of its nonmonetary obligations under this Agreement results from or is caused by the other Party's failure to perform its obligations under this Agreement, such nonperformance shall be excused.
Appears in 2 contracts
Samples: Professional Services, Receiving, Warehousing and Physical Distribution Services Agreement (Footstar Inc)
Nonperformance. Except as otherwise provided in this Agreement, to To the extent any nonperformance by either Party of its nonmonetary obligations under this Agreement results from or is caused by the other Party's failure to perform its obligations under this Agreement, such nonperformance shall be excused.
Appears in 2 contracts
Samples: Systems Operations Services Agreement (Ceridian Corp), Information Technology Services Agreement (Optimark Technologies Inc)
Nonperformance. Except as otherwise provided in this Agreement, to To the extent any nonperformance by either Party party of its nonmonetary obligations under this Agreement results from or is caused by the other Partyparty's failure to perform its obligations under this Agreement, such nonperformance shall be excused.
Appears in 2 contracts
Samples: Purchase Agreement (Atroad Inc), Wireless Network Services Agreement (Atroad Inc)
Nonperformance. Except as otherwise provided in this the Agreement, to the extent any nonperformance by either Party party of its nonmonetary no monetary obligations under this the Agreement results from or is caused by the other Party's party’s failure to perform its obligations under this the Agreement, such nonperformance shall be excused.
Appears in 1 contract
Samples: Banking Information Technology Services Agreement (Riggs National Corp)
Nonperformance. Except as otherwise provided in this Agreement, to To the extent any nonperformance by either Party of its nonmonetary obligations under this the Agreement results from or is caused by the other Party's failure to perform its obligations under this the Agreement, such nonperformance shall be excused.
Appears in 1 contract
Samples: Master Agreement for Operations Support Services (Fidelity National Information Services, Inc.)
Nonperformance. Except as otherwise provided in this Agreement, to To the extent any nonperformance by either Party of its nonmonetary obligations under this Amended Agreement results from or is caused by the other Party's failure to perform its obligations under this Amended Agreement, such nonperformance shall be excused.
Appears in 1 contract
Samples: Agreement for Systems Operations Services (Dean Witter Discover & Co)
Nonperformance. Except as otherwise provided in this Agreement, to To the extent any nonperformance by either Party of its nonmonetary obligations under this the Agreement results from or is caused by the other Party's ’s failure to perform its obligations under this the Agreement, such nonperformance shall be excused.
Appears in 1 contract
Samples: Master Agreement for Operations Support Services (Certegy Inc)
Nonperformance. Except as otherwise provided in this Agreement, to To the extent any nonperformance by either Party of is not able to perform its nonmonetary obligations under this Agreement results from or is caused by as a result of the other Party's failure to perform its obligations under this Agreement, such nonperformance shall be excused.
Appears in 1 contract
Samples: Information Technology Services Agreement (Advo Inc)
Nonperformance. Except as otherwise provided in this the Agreement, to the extent any nonperformance by either Party of its nonmonetary obligations under this the Agreement results from or is caused by the other Party's failure to perform its obligations under this the Agreement, such nonperformance shall be excused.
Appears in 1 contract
Samples: Master Agreement for Operations Support Services (Equifax Inc)