Nonperformance. To the extent any nonperformance by either party of its 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: Network Services Agreement (Atroad Inc), Purchase Agreement (Atroad Inc)
Nonperformance. To the extent any nonperformance by either party Party of its 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: Professional Services Agreement, Services Agreement (Footstar Inc)
Nonperformance. 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: Information Technology Services Agreement (Optimark Technologies Inc), Amended and Restated Agreement (Ceridian Corp)
Nonperformance. To Except as otherwise provided in this Agreement, 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: Systems Management Agreement (Flagstar Companies Inc), Management Agreement (Simione Central Holdings Inc)
Nonperformance. To the extent any nonperformance by either party of Party is not able to perform its nonmonetary obligations under this Agreement results from or is caused by as a result of the other partyParty'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. To the extent any nonperformance by either party Party of its nonmonetary 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: Master Agreement (Certegy Inc)
Nonperformance. To Except as otherwise provided in the Agreement, to the extent any nonperformance by either party of its no monetary 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.. ***** 49
Appears in 1 contract
Samples: Banking Information Technology Services Agreement (Riggs National Corp)
Nonperformance. To the extent any nonperformance by either party Party of its nonmonetary obligations under this the Agreement results from or is caused by the other partyParty's failure to perform its obligations under this the Agreement, such nonperformance shall be excused.
Appears in 1 contract
Samples: Master Agreement (Fidelity National Information Services, Inc.)
Nonperformance. To the extent any nonperformance by either party Party of its nonmonetary obligations under this Amended Agreement results from or is caused by the other partyParty's failure to perform its obligations under this Amended Agreement, such nonperformance shall be excused.
Appears in 1 contract
Samples: Dean Witter Discover & Co
Nonperformance. To Except as otherwise provided in the Agreement, to the extent any nonperformance by either party Party of its nonmonetary obligations under this the Agreement results from or is caused by the other partyParty's failure to perform its obligations under this the Agreement, such nonperformance shall be excused.
Appears in 1 contract
Samples: Master Agreement (Equifax Inc)
