Common use of Provision of Corporate Services; Excused Performance Clause in Contracts

Provision of Corporate Services; Excused Performance. (a) To the extent commercially reasonable, the Parties will work together and begin the process of migrating the Corporate Services from PROVIDING PARTY to RECEIVING PARTY or one or more of its Subsidiaries or a third party (at RECEIVING PARTY's direction) such that the completion of the migration of the Corporate Services from PROVIDING PARTY to RECEIVING PARTY or one or more of its Subsidiaries or a third party, as the case may be, shall occur prior to the end of the Term. PROVIDING PARTY shall provide or cause to be provided each of the Corporate Services through the expiration of the Term, except (i) as automatically modified by earlier termination of a Corporate Service by RECEIVING PARTY in accordance with this Agreement, (ii) for Corporate Services to or for the benefit of any entity which ceases to be a Subsidiary of RECEIVING PARTY (or, if applicable, a Subsidiary of FNF (other than FIS and its Subsidiaries) prior to the end of the Term, or (iii) as otherwise agreed to by the Parties in writing. (b) All obligations of PROVIDING PARTY with respect to any one or more individual Corporate Services or Transition Assistance under this Agreement shall be excused to the extent and only for so long as a failure by PROVIDING PARTY with respect thereto is directly attributable to and caused specifically by a failure by RECEIVING PARTY or any of its Subsidiaries to meet their obligations (including any performance) under any other Intercompany Agreement (as defined in the Stock Purchase Agreement) or under the Master Information Technology Services Agreement dated as of September 27, 2005 by and between Fidelity Information Services, Inc. and FNT (as novated pursuant to the Assignment and Assumption Agreement dated as of September 27, 2005 between FNT and Fidelity National Financial, Inc.).

Provision of Corporate Services; Excused Performance. (a) To the extent commercially reasonable, the Parties will work together and begin the process of migrating the Corporate Services from PROVIDING PARTY to RECEIVING PARTY or one or more of its Subsidiaries or a third party (at RECEIVING PARTY's ’s direction) such that the completion of the migration of the Corporate Services from PROVIDING PARTY to RECEIVING PARTY or one or more of its Subsidiaries or a third party, as the case may be, shall occur prior to the end of the Term. PROVIDING PARTY shall provide or cause to be provided each of the Corporate Services through the expiration of the Term, except (i) as automatically modified by earlier termination of a Corporate Service by RECEIVING PARTY in accordance with this Agreement, (ii) for Corporate Services to or for the benefit of any entity which ceases to be a Subsidiary of RECEIVING PARTY (or, if applicable, a Subsidiary of FNF (other than FIS and its Subsidiaries) prior to the end of the Term, or (iii) as otherwise agreed to by the Parties in writing. (b) All obligations of PROVIDING PARTY with respect to any one or more individual Corporate Services or Transition Assistance under this Agreement shall be excused to the extent and only for so long as a failure by PROVIDING PARTY with respect thereto is directly attributable to and caused specifically by a failure by RECEIVING PARTY or any of its Subsidiaries to meet their obligations (including any performance) under any other Intercompany Agreement (as defined in the Stock Purchase Certegy Merger Agreement) or under the Amended and Restated Master Information Technology Services Agreement dated as of September 27, 2005 even date herewith by and between Fidelity Information Services, Inc. Inc., an Arkansas corporation and FNT (as novated pursuant to the Assignment a subsidiary of RECEIVING PARTY, and Assumption Agreement dated as of September 27, 2005 between FNT and Fidelity National Financial, Inc.)FNT.

Provision of Corporate Services; Excused Performance. (a) To the extent commercially reasonable, the Parties will work together and begin the process of migrating the Corporate Services from PROVIDING PARTY to RECEIVING PARTY or one or more of its Subsidiaries or a third party (at RECEIVING PARTY's direction) such that the completion of the migration of the Corporate Services from PROVIDING PARTY to RECEIVING PARTY or one or more of its Subsidiaries or a third party, as the case may be, shall occur prior to the end of the Term. PROVIDING PARTY shall provide or cause to be provided each of the Corporate Services through the expiration of the Term, except (i) as automatically modified by earlier termination of a Corporate Service by RECEIVING PARTY in accordance with this Agreement, (ii) for Corporate Services to or for the benefit of any entity which ceases to be a Subsidiary of RECEIVING PARTY (or, if applicable, a Subsidiary of FNF (other than FIS and its Subsidiaries) prior to the end of the Term, or (iii) as otherwise agreed to by the Parties in writing. (b) All obligations of PROVIDING PARTY with respect to any one or more individual Corporate Services or Transition Assistance under this Agreement shall be excused to the extent and only for so long as a failure by PROVIDING PARTY with respect thereto is directly attributable to and caused specifically by a failure by RECEIVING PARTY or any of its Subsidiaries to meet their obligations (including any performance) under any other Intercompany Agreement (as defined in the Stock Purchase Agreement) or under the Master Information Technology Services Agreement dated as of September 27_____________, 2005 by and between Fidelity Information Services, Inc. and FNT (as novated pursuant to the Assignment and Assumption Agreement dated as of September 27__________, 2005 between FNT and Fidelity National Financial, Inc.).

Provision of Corporate Services; Excused Performance. (a) To the extent commercially reasonable, the Parties will work together and begin the process of migrating the Corporate Services from PROVIDING PARTY to RECEIVING PARTY or PARTY, one or more of its Subsidiaries or Affiliates or a third party (at RECEIVING PARTY's direction) such that the completion of the migration of the Corporate Services from PROVIDING PARTY to RECEIVING PARTY or PARTY, one or more of its Subsidiaries or Affiliates or a third party, as the case may be, shall occur prior to the end of the Term. PROVIDING PARTY shall provide or cause to be provided each of the Corporate Services through the expiration of the Term, except (i) as automatically modified by earlier termination of a Corporate Service by RECEIVING PARTY in accordance with this Agreement, (ii) for Corporate Services to or for the benefit of any entity which ceases to be a Subsidiary of RECEIVING PARTY (or, if applicable, a Subsidiary of FNF (other than FIS and its Subsidiaries) prior to the end of the Term, or (iii) as otherwise agreed to by the Parties in writing. (b) All obligations of PROVIDING PARTY with respect to any one or more individual Corporate Services or Transition Assistance under this Agreement shall be excused to the extent and only for so long as a failure by PROVIDING PARTY with respect thereto is directly attributable to and caused specifically by a failure by RECEIVING PARTY or any of its Subsidiaries to meet their obligations (including any performance) under any other Intercompany Agreement (as defined in the Stock Purchase Agreement) or under the Master Information Technology Services Agreement dated as of September 27_____________, 2005 by and between Fidelity Information Services, Inc. and FNT (as novated pursuant to the Assignment and Assumption Agreement dated as of September 27__________, 2005 between FNT and Fidelity National Financial, Inc.FNF).