Performance Expectations for Cadence Owned Equipment Sample Clauses

Performance Expectations for Cadence Owned Equipment. Within ninety (90) days after the Effective Date, Cadence and Xxxxxx will mutually agree in writing on operating specifications for the Specified Equipment. Xxxxxx will not be deemed in breach of its obligation to deliver Product ordered under a Firm Purchase Order to the extent such non-delivery or delayed delivery is caused by the failure of the Specified Equipment to perform in accordance with such operating specifications for the Specified Equipment (an “Equipment Failure Event”); provided, that such failure is not due to Xxxxxx’x negligence or willful misconduct, or any other cause within Xxxxxx’x reasonable control; and provided, that Xxxxxx (i) promptly notifies Cadence of the Equipment Failure Event as provided in Section 17.2, (ii) uses reasonable diligence and efforts to remedy the situation if reasonably capable of being remedied by Xxxxxx, (iii) continues performance of its obligations to the extent the Equipment Failure Event permits, and (iv) resumes performance of its obligations delayed by the Equipment Failure Event as soon as possible.
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