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Common use of Permitted Delays Clause in Contracts

Permitted Delays. Each party hereto shall be excused from performance hereunder for any period and to the extent that it is prevented from performing any services pursuant hereto in whole or in part, as a result of delays caused by the other party or an act of God, or other cause beyond its reasonable control and which it could not have prevented by reasonable precautions, including failures or fluctuations in electric power, heat, light, air conditioning or telecommunication equipment, and such nonperformance shall not be a default hereunder or a ground for termination hereof. the Company’s time of performance shall be enlarged, if and to the extent reasonably necessary, in the event: (i) that Customer fails to submit information, instructions, approvals, or any other required element in the prescribed form or in accordance with the agreed upon schedules; (ii) of a special request by Customer or any governmental agency authorized to regulate, supervise, or impact the Company’s normal processing schedule; (iii) that Customer fails to provide any equipment, software, premises or performance called for by this Agreement, and the same is necessary for the Company’s performance hereunder. the Company will notify Customer of the estimated impact on its processing schedule, if any.

Appears in 2 contracts

Samples: Information Technology & Software Development Services Agreement (Fdctech, Inc.), Information Technology & Software Development Services Agreement (FDC Tech, Inc.)

Permitted Delays. Each party hereto shall be excused from performance hereunder for any period and to the extent that it is prevented from performing any services pursuant hereto in whole or in part, as a result of delays caused by the other party or an act of God, or other cause beyond its reasonable control and which it could not have prevented by reasonable precautions, including failures or fluctuations in electric power, heat, light, air conditioning or telecommunication equipment, and such nonperformance shall not be a default hereunder or a ground for termination hereof. the Company’s time of performance shall be enlarged, if and to the extent reasonably necessary, in the event: (i) that Customer fails to submit information, instructions, approvals, or any other required element in the prescribed form or in accordance with the agreed upon schedules; (ii) of a special request by Customer or any governmental agency authorized to regulate, supervise, or impact the Company’s normal processing schedule; (iii) that Customer fails to provide any equipment, software, premises or performance called for by this Agreement, and the same is necessary for the Company’s performance hereunder. the Company will notify Customer of the estimated impact on its processing schedule, if any.

Appears in 1 contract

Samples: Information Technology Services Agreement

Permitted Delays. Each party hereto shall be excused from performance hereunder for any period and to the extent that it is prevented from performing any services pursuant hereto in whole or in part, as a result of delays caused by the other party or an act of God, or other cause beyond its reasonable control and which it could not have prevented by reasonable precautions, including failures or fluctuations in electric power, heat, light, air conditioning or telecommunication equipment, and such nonperformance shall not be a default hereunder or a ground for termination hereof. the CompanyLEAN Frog’s time of performance shall be enlarged, if and to the extent reasonably necessary, in the event: (i) that Customer HCS fails to submit information, instructions, approvals, or any other required element in the prescribed form or in accordance with the agreed upon schedules; (ii) of a special request by Customer HCS or any governmental agency authorized to regulate, supervise, or impact the CompanyLEAN Frog’s normal processing schedule; (iii) that Customer HCS fails to provide any equipment, software, premises or performance called for by this Agreement, and the same is necessary for the CompanyLEAN Frog’s performance hereunder. the Company LEAN Frog will notify Customer HCS of the estimated impact on its processing schedule, if any.

Appears in 1 contract

Samples: Consulting Services Agreement